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HomeMy WebLinkAboutT-6015 - Conditions of Approval - 7/18/2013 cayof REPORT TO THE PLANNING COMMISSION AGENDA ITEM NO. VII-A COMMISSION MEETING 05.01.13 May 1, 2013 J6 APPROVED 8Y FROM: MIKE SANCHEZ, Planning Manage Development and Resource Management epartment DEPARTMENT DIRECTOR BY: WILL TACKETT, Supervising Planne MCKENCIE CONTRERAS, Planner II Development Services Division SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT APPLICATION NO. C-11-163, CONDITIONAL USE PERMIT APPLICATION NO. C-12-002, VESTING TENTATIVE TRACT MAP NO. 6015, AND ENVIRONMENTAL ASSESSMENT NO. C-11-163/C-12- 002lr-6015 FOR PROPERTY LOCATED ON THE EASTERLY SIDE OF BROADWAY STREET BETWEEN CALAVERAS AND SAN JOAQUIN STREETS. RECOMMENDATION Staff recommends that the Planning Commission take the following actions: 1. ADOPT the environmental findings and determination of the Mitigated Negative Declaration dated March 1, 2013, which was prepared for Environmental Assessment No. C-11-163/C- 12-002/T-6015 for purposes of the proposed project. 2. APPROVE Conditional Use Permit Application No. C-11-163, requesting authorization to construct 8 fiveplex buildings, 3-stories in height, with a total of 40 residential units. 3. APPROVE Conditional Use Permit Application No. C-12-002, requesting authorization to construct 6 fiveplex buildings, 3-stories in height, with a total of 30 residential units. The project includes the demolition of an existing accessory building located on the subject property and the removal of a "sunroom" addition made to the historic Levinson Home (Historic Property No. 278) when it was relocated to the subject property in 1991. The Levinson Home will be rehabilitated for use as a manager's unit and club house. 4. APPROVE Vesting Tentative Tract Map No. 6015, requesting authorization to subdivide the subject property for the purpose of creating a one common-lot subdivision for condominium purposes. The project also proposes the vacation of portions of adjacent public street rights- of-way. EXECUTIVE SUMMARY FFDA Properties, LLC has filed Conditional Use Permit Application No. C-11-163, Conditional Use Permit Application No. C-12-002, and Vesting Tentative Tract Map No. 6015 pertaining to approximately 1.29 net acres (2.15 gross acres) of property located on the easterly side of Broadway Street between Calaveras and San Joaquin Streets in Downtown Fresno. Conditional Use Permit Application No. C-11-163 proposes eight three-story fiveplex buildings with a total of 40 residential units. Conditional Use Permit Application No. C-12-002 proposes six three-story fiveplex buildings with a total of 30 residential units. The project includes the demolition of an existing accessory building located on the subject property and the removal of a "sunroom" addition made to the historic Levinson Home (Historic Property No. 278) when it was relocated to the subject property in 1991. The Levinson Home will be rehabilitated for use as a manager's unit and club house. Vesting Tentative Tract Map No. 6015 proposes a one-lot subdivision for condominium purposes. REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application Nos. C-11-163&C-12-002 Vesting Tentative Tract Map No.6015 May 1, 2013 Page 2 Portions of the existing public street rights-of-way adjacent to the subject property are proposed to be vacated in order to facilitate the proposed project. These vacations include one foot of the existing Calaveras Street right-of-way width and four feet of the existing Broadway and San Joaquin Street right- of-way widths. The proposed project will also involve installation and construction of both public and private facilities and infrastructure in accordance with the standards, specifications, and policies of the City of Fresno. The subject property is currently zoned under the C-4 (Central Trading) zone district classification. The subject property is located within the boundaries of the 2025 Fresno General Plan, Central Area Community Plan, Fulton/Lowell Specific Plan, and Fulton Redevelopment Plan, which designate the subject property for Commercial Mixed Use Level 2 (Central Area) planned land uses. Pursuant to Table 8 (Central Area Land Use Association Matrix) of the Central Area Community Plan, the existing C-4 (Central Trading) zone district and the proposed project density of approximately 54.26 dwelling units per acre may be found to be consistent with the Commercial Mixed Use Level 2 (Central Area) planned land use designation. The development and subdivision of the subject property in accordance with Conditional Use Permit Application No. C-11-163, Conditional Use Permit Application No. C-12-002, and Vesting Tentative Tract Map No. 6015 will bring the subject property into conformance with the 2025 Fresno General Plan, Central Area Community Plan, Fulton/Lowell Specific Plan, and Fulton Redevelopment Plan. PROJECT INFORMATION PROJECT Conditional Use Permit Application No. C-11-163 proposes eight three- story fiveplex buildings with a total of 40 residential units. Conditional Use Permit Application No. C-12-002 proposes six three-story fiveplex buildings with a total of 30 residential units. The project includes the demolition of an existing accessory building located on the subject property and the removal of a "sunroom" addition made to the historic Levinson Home (Historic Property No. 278)when it was relocated to the subject property in 1991. The Levinson Home will be rehabilitated for use as a manager's unit and club house. Vesting Tentative Tract Map No. 6015 proposes a one-lot subdivision for condominium purposes. Portions of the existing public street rights-of-way adjacent to the subject property are proposed to be vacated in order to facilitate the proposed project. These vacations include one foot of the existing Calaveras Street right-of-way width and four feet of the existing Broadway and San Joaquin Street right-of-way widths. The proposed project will also involve installation and construction of both public and private facilities and infrastructure in accordance with the standards, specifications, and policies of the City of Fresno. APPLICANT FFDA Properties, LLC LOCATION 1636 Broadway; located on the easterly side of Broadway Street between Calaveras and San Joaquin Streets in Downtown Fresno (Council District 3, Councilmember Baines) REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application Nos. C-11-163&C-12-002 Vesting Tentative Tract Map No. 6015 May 1,2013 Page 3 SITE SIZE Approximately 1.29 net acres (2.15 gross acres) LAND USE Existing - Vacant & Levinson Home (historic property) Proposed - Multiple Family Residential with Levinson Home used as a manager's unit and community club house ZONING Existing - C-4(Central Trading District) PLAN DESIGNATION Pursuant to Table 8 (Central Area Land Use Association Matrix) of the AND CONSISTENCY Central Area Community Plan, the existing C-4 (Central Trading) zone district and the proposed project density of approximately 54.26 dwelling units per acre may be found to be consistent with the Commercial Mixed Use Level 2 planned land use designation. ENVIRONMENTAL Mitigated Negative Declaration dated March 1, 2013 FINDING PLAN COMMITTEE The Fulton/Lowell Design Review Committee recommended approval of RECOMMENDATION the proposed project at its meeting held on March 4, 2013 subject to several conditions discussed later in the staff report. STAFF Recommend the Commission adopt Environmental Assessment No. RECOMMENDATION C-11-163/C-12-002[f-6015; approve Conditional Use Permit Application No. C-11-163, approve Conditional Use Permit Application No. C-12- 002; and, approve Vesting Tentative Tract Map No. 6015 subject to compliance with the Conditions of Approval dated May 1, 2013. BORDERING PROPERTY INFORMATION Planned Land Use Existing Zoning Existing Land Use Northwest C-4 Commercial Mixed Use Level 2 Central Trading District Parking Lot& (Central Area) C-M Commercial Commercial and Light Manufacturing District Northeast Commercial Mixed Use Level 2 C-4 (Central Area) Central Trading District Commercial Southwest C-4 Commercial Mixed Use Level 2 Central Trading District Live-Work Development (Central Area) C-M &Automotive Shop Commercial and Light Manufacturing District Southeast Commercial Mixed Use Level 2 C-4 (Central Area) Central Trading District Parking Lot& Office/Commercial REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application Nos. C-11-163 8 C-12-002 Vesting Tentative Tract Map No. 6015 May 1, 2013 Page 4 ENVIRONMENTAL FINDING An environmental assessment initial study was prepared for this project in accordance with the requirements of the California Environmental Quality Act (CEQA) Guidelines. This process included the distribution of requests for comment from other responsible or affected agencies and interested organizations. Preparation of the environmental assessment necessitated a thorough review of the proposed project and relevant environmental issues and considered previously prepared environmental and technical studies including the Master Environmental Impact Report (MEIR) No. 10130 for the 2025 Fresno General Plan (SCH#2001071097) and Mitigated Negative Declaration (MND) No. A-09-02 (SCH#2009051016). These environmental and technical studies have examined projected sewage generation rates of planned urban uses, the capacity of existing sanitary sewer collection and treatment facilities, and optimum alternatives for increasing capacities; groundwater aquifer resource conditions; water supply production and distribution system capacities; traffic carrying capacity of the planned major street system; and, student generation projections and school facility site location identification. The proposed project has been determined to not be fully within the scope of MEIR No. 10130 as provided by CEQA, as codified in the Public Resources Code (PRC) Section 21157.1(d) and the CEQA Guidelines Section 15177(c). However, with the project specific mitigation imposed, there is no substantial evidence in the record that this project may have additional significant, direct, indirect or cumulative effects on the environment that are significant and that were not identified and analyzed in the MEIR or Air Quality MND. It has been further determined that all applicable mitigation measures of MEIR No. 10130 and MND No. A-09-02 have been applied to the project, together with project specific mitigation measures necessary to assure that the project will not cause significant adverse cumulative impacts, growth inducing impacts and irreversible significant effects beyond those identified by MEIR No. 10130 or MND No. A-09-02 as provided by CEQA Section 15178(a). In addition, pursuant to Public Resources Code, Section 21157.6(b)(1), staff has determined that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete, has become available. Therefore, it has been determined based upon the evidence in the record that the project will not have a significant impact on the environment and that the filing of a mitigated negative declaration is appropriate in accordance with the provisions of CEQA Section 21157.5(a)(2)and CEQA Guidelines Section 15178(b)(1) and (2). Based upon the attached environmental assessment and the list of identified mitigation measures, staff has determined that there is no evidence in the record that the project may have a significant effect on the environment and has prepared a draft mitigated negative declaration for this project_ A public notice of the attached mitigated negative declaration finding for Environmental Assessment Application No. C-11-163/C-12-002/T-6015 was published on March 01, 2013 with no comments or appeals received to date. BACKGROUND[ANALYSIS FFDA Properties, LLC has filed Conditional Use Permit Application No. C-11-163, Conditional Use Permit Application No. C-12-002, and Vesting Tentative Tract Map No. 6015 pertaining to approximately 1.29 acres (2.15 gross acres) of property located on the easterly side of Broadway Street between Calaveras and San Joaquin Streets in Downtown Fresno. Conditional Use Permit Application No. C-11-163 proposes eight three-story fiveplex buildings with a total of 40 residential units. Conditional Use Permit Application No. C-12-002 proposes six three-story REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application Nos. C-11-163&C-12-002 Vesting Tentative Tract Map No. 6015 May 1, 2013 Page 5 fiveplex buildings with a total of 30 residential units. The project includes the demolition of an existing accessory building located on the subject property and the removal of a "sunroom" addition made to the historic Levinson Home (Historic Property No. 278) when it was relocated to the subject property in 1991. The Levinson Home will be rehabilitated for use as a manager's unit and club house. Vesting Tentative Tract Map No. 6015 proposes a one-lot subdivision for condominium purposes. Portions of the existing public street rights-of-way adjacent to the subject property are proposed to be vacated in order to facilitate the proposed project. These vacations include one foot of the existing Calaveras Street right-of-way width and four feet of the existing Broadway and San Joaquin Street right- of-way widths. The proposed project will also involve installation and construction of both public and private facilities and infrastructure in accordance with the standards, specifications, and policies of the City of Fresno. The subject property is currently zoned under the C-4 (Central Trading) zone district classification. The subject property is located within the boundaries of the 2025 Fresno General Plan, Central Area Community Plan, Fulton/Lowell Specific Plan, and Fulton Redevelopment Plan, which designate the subject property for Commercial Mixed Use Level 2 (Central Area) planned land uses. Pursuant to Table 8(Central Area Land Use Association Matrix) of the Central Area Community Plan, the existing C- 4 (Central Trading) zone district and the proposed project density of approximately 54.26 dwelling units per acre may be found to be consistent with the Commercial Mixed Use Level 2 planned land use designation. The subject property consists of undeveloped lots and a developed lot with the existing Newman J. Levinson Home (HP #278). The subject property is surrounded predominantly by commercial uses to the northwest, northeast, and southeast and a live-work development to the southwest. Public Resources The Department of Public Utilities (DPU) has determined that adequate sanitary sewer and water services are available to serve the project subject to the provision of private on-site sanitary sewer and water facilities; the construction and installation of public utility facilities and infrastructure in accordance with Department of Public Works standards, specifications and policies; and, the provision of two independent sources of water, meeting Federal and State Drinking Water Act Standards. Implementation of the 2025 Fresno General Plan policies, mitigation measures of Master Environmental Impact Report No. 10130 and the Water Resources Management Plan will provide an adequate, reliable, and sustainable water supply for the project's urban domestic and public safety consumptive purposes. The Fresno Metropolitan Flood Control District(FMFCD) has indicated that permanent drainage service will be available for the development subject to the developer verifying to the satisfaction of the City that runoff can be safely conveyed to the existing Master Plan Inlets via San Joaquin and Broadway Streets. Amendments or modifications to the FMFCD requirements will be required to be approved by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code, prior to approval of the final map. Streets and Access Points The project is a gated development with frontage on San Joaquin, Broadway, and Calaveras Streets. The 2025 Fresno General Plan Circulation Element designates Broadway Street as a "Collector" and San Joaquin and Calaveras Streets as a "Local" streets. The project is proposed to have two gated street entryways, one from San Joaquin Street and one from Calaveras Street. REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application Nos. C-11-163&C-12-002 Vesting Tentative Tract Map No. 6015 May 1, 2013 Page 6 Portions of the existing public street rights-of-way adjacent to the subject property are proposed to be vacated in order to facilitate the proposed project. These vacations include one foot of the existing Calaveras Street right-of-way width and four feet of the existing Broadway and San Joaquin Street right- of-way widths. Applying the factors outlined in the Institute of Traffic Engineers (ITE) Trip Generation Manual, the proposed 70 unit multiple family residential development on approximately 1.29 net acres of land, it is projected that 53 vehicle trips will occur during the morning peak hour travel period (7 to 9 a.m.) and 71 vehicle trips will occur during the evening peak hour travel period (4 to 6 p.m.). A traffic impact study is not required. The Average Daily Trips (ADT)generated by the proposed development are estimated to be 680 ADT. The Public Works Department, Traffic Engineering Division has reviewed the proposed conditional use permits and vesting tentative tract map applications and has determined that the streets adjacent to and near the subject site will be able to accommodate the quantity and kind of traffic generated, subject to requirements for improvements and right-of-way dedications as listed within the City of Fresno Department of Public Works memorandums dated April 24, 2013. These improvements and requirements generally include the construction of public street improvements for adjacent portions of Broadway, San Joaquin, and Calaveras Streets and adjacent alley improvements. The developer'of this project will be required to pay the Traffic Signal Mitigation Impact (TSMI) Fee at the time of building permit, based on the trip generation rates set forth in the latest edition of the ITE Trip Generation Manual and the Master Fee Schedule. The project will also be required to pay City-wide regional street impact fees, and Regional Transportation Mitigation fees, as applicable to the project. The area street plans are the product of careful planning that projects traffic capacity needs based on the densities and intensities of planned land uses anticipated at build-out of the planned area. These streets will provide adequate access to, and recognize the traffic generating characteristics of, individual properties and, at the same time, afford the community an adequate and efficient circulation system. Historic Preservation Commission At its meeting held February 25, 2013, the Historic Preservation Commission (HPC) reviewed the proposed projects and provided comments. At the same meeting the HPC recommended that the permits to remodel the Newman J. Levinson Home were in compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties. The HPC recommended that the developer consider using windows or doors on the north elevation of the Levinson Home. The proposed project will be required to comply with the recommendation. Fulton/Lowell Design Review Committee At its meeting held March 4, 2013, the Fulton/Lowell Design Review Committee considered the proposed projects and recommended that the proposed projects proceed subject to: (1) the existing six foot wrought iron fence in front of the Levinson Home be removed; (2) any "historic" materials from the Levinson Home that will not be reused on site, be donated to a restoration facility/company so that the materials can be reused; (3) the Historic Preservation Commission's recommendations relative to the north side of the Levinson Home pertaining to the installation of a French door or windows where the sun room will be removed; and, (4) HVAC units for the Levinson Home cannot be roof mounted or cannot be window installed units. The proposed project will be required to comply with these recommendations. REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application Nos. C-11-163&C-12-002 Vesting Tentative Tract Map No.6015 May 1, 2013 Page 7 Plan Implementation Committee At its meeting held March 4, 2013, the District 3 Plan Implementation Committee considered the proposed projects and recommended approval of the original conditional use permit proposal and density. The committee rejected the revised conditional use permit adding the third story and increased density. However, the District 3 council's office supports the project. Conditional Use Permit Findings Based upon analysis of the conditional use permit applications and subject to the applicant's compliance with all of the conditions of approval noted, staff concludes that the following required findings of Section 12-405-A-2 of the Fresno Municipal Code (FMC)can be made. FINDINGS PER FRESNO MUNICIPAL CODE SECTION 12-405-A-2. a.All applicable provisions of this Code are complied with and the site of the proposed use is adequate in size and shape to accommodate said use, and accommodate all yards, spaces, walls and fences, parking, loading, recycling areas, landscaping, and other required features;and, Finding The area of the proposed residential planned development is approximately 1.29 net acres a: in size. The subject property has been proposed to be developed into 70 residential units, at an overall density of approximately 54.26 dwelling units/acre. Multi-departmentlagency review of the proposed Conditional Use Permit Application Nos. C-11-163 and C-12-002 have demonstrated that there is adequate space to meet all applicable requirements of the IF Code as established in the Special Permit conditions of approval dated May 1, 2013. b. The site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;and, Finding Staff from the Public Works Department, Transportation Planning section has estimated b: that the proposed development will generate approximately 53 a.m./71 p.m. peak hour vehicle trips which can be accommodated by the adjacent streets subject to the improvements in accordance with the Department of Public Works memorandums referenced above. These requirements are necessary for the traffic generated by the project and to accommodate city services and meet the needs of the proposed project. c. The proposed use will not be detrimental to the public welfare or injurious to property or improvements in the area in which the property is located. The third finding shall not apply to uses which are subject to the provision of Section 12-306-N-30 of this Code. Finding The staff of the Development and Resource Management Department has determined that c: the proposed project will not be detrimental to the public welfare or be injurious to property or improvements in the area in which the property is located if developed in accordance with the various conditions/requirements established through the related vesting tentative tract map application review and conditional use permit application review processes. REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application Nos. C-11-163&C-12-002 Vesting Tentative Tract Map No. 6015 May 1, 2013 Page 8 Tentative Tract Map Findings The Subdivision Map Act (California Govemment Code Section 66400 et, seq.) requires that a proposed subdivision not be approved unless the map, together with its design and improvements, is found to be consistent with the General Plan and any applicable specific plan (Finding No. 1 below). State law further provides that the proposed subdivision map be denied if any one of the Finding Nos. 2 - 5 below is made in the negative. In addition, State law requires that a subdivision be found to provide for future passive and natural heating or cooling opportunities in the subdivision development (Finding No. 6 below). 1. The proposed subdivision map, together with its design and improvements, is consistent with the City's 2025 Fresno General Plan, Central Area Community Plan, Fulton/Lowell Specific Plan and Fulton Redevelopment Plan which designate the site for Commercial Mixed Use Level 2 (Central Area) planned land uses. Pursuant to Table 8 (Central Area Land Use Association Matrix) of the Central Area Community Plan and the Fresno Municipal Code, the project design meets the density and zoning ordinance criteria for development in this plan designation. 2. This site is physically suitable for the proposed type and density of development, because conditions of approval will ensure adequate access and drainage on and off the site. 3. The proposed subdivision design and improvement is not likely to cause substantial and considerable damage to the natural environment, including fish, wildlife or their habitat, because the project occurs within a fully urbanized area. The subject property remains fallow without trees, vegetation, or irrigation to sustain and attract wildlife; or, provide a suitable habitat to species other than vermin. 4. The proposed subdivision design and improvements are not likely to cause serious public health and safety problems, because the conditions of approval have shown and will ensure that the subdivision conforms to city health and safety standards, specifications, and policies. 5. The proposed subdivision design will not conflict with public easements within or through the site, because the project design and conditions of approval will assure noninterference with any existing or proposed easements on the subject property. 6. The design of the subdivision provides, to the extent feasible, for future passive and natural heating or cooling opportunities in the subdivision, because of the appropriate use and placement of landscaping plant materials and because of the orientation of the proposed lots. The subdivision map, subject to the recommended conditions of approval, complies with the design and property development standards of the Zoning Ordinance and local Subdivision Ordinance. Based upon the plans and information submitted by the applicant and the recommended conditions of project approval, staff has determined that these findings can be made. Action by the Planning Commission regarding the conditional use permits and vesting tentative tract map are final unless appealed in accordance with the Fresno Municipal Code, Sections 12-406-1 and 12-1019, respectively. REPORT TO THE PLANNING COMMISSION Conditional Use Permit Application Nos. C-11-163&C-12-002 Vesting Tentative Tract Map No.6015 May 1, 2013 Page 9 Attachments: Vicinity Map 2011 Aerial Photograph Public Hearing Notice Mailing List Vicinity Map Vesting Tentative Tract Map No.T-6015 dated January 18, 2013 Conditional Use Permit Application No.C-11-163 Exhibits dated May 01, 2013 Conditional Use Permit Application No. C-12-002 Exhibits dated May 01, 2013 Conditions of Approval for T-6015,dated May 1, 2013 Conditions of Approval for Conditional Use Permit Application Nos. C-11-163 and C-12-002, dated May 1,2013 Associated memoranda From responsible or commenting departments and agencies respective to the Conditions of Approval for Vesting Tentative Tract Map No. 6015, Conditional Use Permit Application No. C-11-163 and Conditional Use Permit Application No. C-12-002 Environmental Assessment No. C-11-163/C-12-002/T-6015, Mitigated Negative Declaration dated March 1, 2013. Y• ` siva Subject Property VICINITY MAP DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT Conditional Use Permit Application'No. C-11-163, Conditional Use Permit Application No. C-12-002, and Vesting Tentative Tract Map No. T-6015 APN:466-193-06, 10,20 " PROPERTY ADDRESS Zone District:C-4(Central Trading District). � s By: M. Contreras, April 24, 2013 1636 Broadway Not To scare IP IP, � ::/ '� • .`; L - df tb ON •� � .�• „2^�4 ��.< �+�'-�Y by,:µ !'.� t lr. 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Y �gg 11 r r r r a pD p • .i --i ■ t d µ0.j IS �� i��1 it��II� � � •�' --- � -j SSS �� a � 1 � • • r r r® r r � E .r� 1 I I e I r 1 liell ► , N m p ■ tarso "l� t .i�.w�s>. •� I ! -HIIrl y r�r.r II +_—.—.—.—.— �f - - - :� go CITY OF FRESNO DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT CONDITIONS OF APPROVAL MAY 01, 2013 VESTING TENTATIVE TRACT MAP NO. 6015 "FOR CONDOMINIUM PURPOSES" EASTERLY SIDE OF FOR BETWEEN SAN JOAQUIN AND CALAVERAS STREETS All tentative maps are subject to the applicable provisions of the State Subdivision Map Act, Fresno Municipal Code (FMC), City policies, and City of Fresno Standard Specifications. The following specific conditions are applicable to this vesting tentative map: NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code §66020(d)(1), the imposition of fees, dedications, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations or exactions imposed on the development project. Each local agency shall provide to the project applicant a notice in writing at the time of the approval of the project or at the time of the imposition of the fees, dedications, reservations, or other exactions, a statement of the amount of the fees or a description of the dedications, reservations, or other exactions, and notification that the 90-day approval period in which the applicant may protest has begun (please see section related to Development Fees and Charges included herein below for further information). GENERAL CONDITIONS 1. Upon conditional approval of Vesting Tentative Tract Map No. 6015, the subdivider may prepare a Final Map in accordance with the approved tentative map, and Conditional Use Permit Application Nos. C-11-163 and C-12-002. 2. The developer/owner shall pay the appropriate park facilities fee and/or dedicate lands for parks and recreation purposes pursuant to Ordinance Nos. 2005-112 and 2005-113 adopted by the Fresno City Council on September 27, 2005. 3. Submit grading plans and a soils report to the City of Fresno Development and Resource Management Department for verification prior to Final Map approval (Reference: Sections 12-1022 and 12-1023 of the Fresno Municipal Code). Grading plans shall indicate the location of any required walls and indicate the proposed width of required landscape easements or strips. Approval of the grading plan is required prior to Final Map approval. 4. At the time of Final Map submittal, the subdivider shall submit engineered construction plans to the City of Fresno Public Works, Public Utilities, and Development and Resource Management Departments for grading, public sanitary sewer system, public water system, street lighting system, public streets, and storm drainage, including other technical reports and engineered plans as necessary to construct the required public improvements and work and applicable processing fees. Vesting Tentative Tract Map No.T-6015 May 01, 2013 Page 2 of 11 5. Engineered construction plans shall be approved by the City prior to the approval of the Final Map. If, at the time of Final Map approval, such plans have not been approved, the subdivider shall provide performance security in an amount established by the City to guarantee the completion of plans. 6. Public utilities easements, as necessary, shall be shown on the Final Map and dedicated to the City of Fresno. Public utility easements beyond the limits of the Final Map, but required as a condition of development, shall be acquired at the subdivider's cost and shall be dedicated by separate instrument at the time of Final Map approval. The relocation of existing utilities necessitated by the required public improvements shall be paid for by the subdivider. The subdivider is responsible to contact the appropriate utility company for information. 7. Comply with the conditions, policies and standards set forth in the City of Fresno, Municipal Code, Article 10, Chapter 12, "Subdivision of Real Property;" Resolution No. 68-187, "City Policy with Respect to Subdivisions;" and City of Fresno Standard Specifications, 2002 Edition, and any amendments thereto. 8. The subdivider shall pay applicable fees for, but not limited to, plan checks for street improvements and other grading and construction; street trees, street signs, water and sewer service, and inspections in accordance with the City of Fresno Master Fee Schedule (City Resolution No. 79-606 and No. 80-420) and any amendments, modifications, or additions thereto; and in accordance with the requirements of State law as related to vesting tentative maps. 9. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the Fresno Municipal Code (FMC) and the State Subdivision Map Act. The subdivider shall complete all the public improvements prior to the approval of the Final Map by the City. If, at the time of Final Map approval, any public improvements have not been completed and accepted in accordance with the standards of the City, the subdivider may elect to enter into an agreement with the City to thereafter guarantee the completion of the improvements. 10. As a condition of Final Map approval, the subdivider shall furnish to the City a subdivision guarantee listing all parties having any right, title or interest and the nature of their interest per State law. GENERAL INFORMATION 11. Contact the United States Postal Service for the location and type of mailboxes to be installed in this subdivision. a) It is recommended that at least 6 months prior to the first occupancy, the Developer shall contact the local United States Postal Service representative to complete a Mode of Delivery Agreement for New Construction. The Mode of Delivery Agreement must have a District approval signature to be valid. In addition to completing the Agreement, the Developer shall provide a final map (with address details) to the local USPS representative. The Developer shall, at their own expense, procure, construct and install all mail receptacle facilities for each location as specified and approved by the USPS. Vesting Tentative Tract Map No. T-6015 May 01, 2013 Page 3 of 11 i) Attached for the subdivider/developer's use is a copy of the Mode of Delivery Agreement—New Construction Form. 12. The developer/owner shall obtain any and all permits required for the prosed removal or demolition of any existing building or structure located within the subdivision boundaries. The developer/owner shall also obtain any and all permits required for the proper abandonment/closure of any existing water well, septic tank/leach field or cesspool, and irrigation pipeline on the subject property. All such permits shall be obtained prior to commencement of tract grading work, in accordance with Chapter 13 of the Fresno Municipal Code. 13. Any existing and/or proposed structure(s) on the site which may be utilized in conjunction with a condominium project are required to maintain compliance with any applicable standards of the California Building Code as it relates to wall protection, allowable area, etc. a) Compliance with the prevailing California Building Code must be demonstrated, respective to the location of new condominium boundaries which may be proposed to be described on a condominium plan, prior to recordation of a Condominium Plan. Contact the Development and Resource Management Department, Building and Safety Services Division at(559) 621-8200. • NOTE: In the event the structures do not comply with any applicable standards of the California Building Code, they must be modified so as to meet the standard. 14. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 15. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted (business hours: (559) 268-0109; after hours the contact phone number is (559) 488-3111 for the Fresno County Sheriff's Department). If remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (phone number (916) 653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (phone number (805) 644-2289) shall be contacted to obtain a referral list of recognized archaeologists. 16. If animal fossils are uncovered, the Museum of Paleontology at the University of California, Berkeley shall be contacted to obtain a referral list of recognized paleontologists. An assessment shall be conducted by a paleontologist; if the paleontologist determines the material to be significant, a recommendation shall be made to the City as to any further site investigation or preservation measures. 17. Apportionment of Special Assessment: If, as part of this subdivision, a division will be made of any lot or parcel of land upon which there is an unpaid special assessment levied under any State or local law, including a division into condominium interest as defined in Section 783 of the Civil Code, the developer/owner shall file a written application with the City of Fresno Director of Public Works, requesting apportionment of the unpaid portion of the assessment or pay off such assessment in full. If the subdivider elects to apportion the assessment, the application shall contain the following information: Vesting Tentative Tract Map No. T-6015 May 01, 2013 Page 4 of 11 a) A full description of each assessed lot, parcel or interest to be divided and of how such lot, parcel or interest will be divided; b) A request that the Engineer apportion the amount remaining unpaid on the assessment in accordance with applicable law; and c) Written consent of the owner(s) of each such lot, parcel, or interest to the requested apportionment. d) The application shall be filed prior to the approval of the Final Map(s) by the City and shall be accompanied by a fee in an amount specified in the Master Fee Resolution for each separate lot, parcel, or interest into which the original assessed lot, parcel or interest is to be divided. The fee shall be in an amount sufficient to pay all costs of the City and the Engineer of Work responsible for determining the initial assessment in making the requested apportionment. MITIGATION MONITORING REQUIREMENTS 18. Development of the subject property shall be subject to implementation of all applicable mitigation measures, fees, and timelines included within the Initial Study and Mitigated Negative Declaration prepared for the proposed project dated March 01, 2013. a) The mitigated negative declaration prepared for the proposed project is tiered off of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR) No. 10130 prepared for the 2025 Fresno General Plan (SCH#2001071097) and the Mitigated Negative Declaration prepared for Plan Amendment No. A-09-02 (SCH#2009051016)(Air Quality MND). i) In addition to the project specific mitigation measures identified within the mitigated negative declaration prepared for the proposed project, development of the subject property shall also be subject to implementation of all applicable mitigation measures included within the MEIR and Air Quality MND for subsequent projects; included herein by reference. ZONING & PROPERTY DEVELOPMENT STANDARDS 19. The subject property is zoned under the C-4 (Central Trading)zone district classification. Any development on the subject property or individual lots resulting from a subdivision thereof shall comply with the property development standards of the respective C-4 zone district except as may be modified herein pursuant to Conditional Use Permit Application No. C-11-163 and C-12-002. a) The uses authorized by Conditional Use Permit Application No. C-11-163 and C-12-002 shall be retained unless otherwise reviewed and approved by the City of Fresno Development and Resource Management Department through a formal revised or amended entitlement application. 20. Pursuant to Article 9 of Chapter 12, Condominium Conversions, of the Fresno Municipal Code, a Condominium Conversion Project is defined as, an occupied multiple dwelling development in which existing dwellings are converted to a condominium project, a community apartment project, a stock cooperative, or a planned development. Vesting Tentative Tract Map No.T-6015 May 01, 2013 Page 5 of 11 a) In the instance that existing multiple dwelling residential apartment units developed on the subject property are occupied, the owner/subdivider shall file an application for a tentative tract map for a condominium conversion project to the City of Fresno for review and approval unless appropriate noticing has been provided to prospective tenants in compliance with the rules and regulations of the State Subdivision Map Act. i) The information specified within Section 12-904 of the Fresno Municipal Code, in addition to the requirements of Article 10 of Chapter 12 of the Fresno Municipal Code, shall be required as a prerequisite to filing an application for a tentative tract map for a condominium conversion project. • NOTE: The State Subdivision Map Act provides general and specific regulations and procedures that local governments and the applicant must follow in the review of condominium conversion projects. The applicant should become Familiar with Sections 66427.1, 66452.8 and 66452.9 of the State Subdivision Map Act, as these sections contain very important requirements relating to the required notices to be given to the tenants by the applicant. 21. Whenever a subdivision, includes area under common ownership (such as is the case within a common interest development for condominium purposes), the use, maintenance, and operation thereof shall be administered by an owner's association regulated by covenants, conditions, and restrictions (CC&R's) pursuant to Section 12- 1026 of the Fresno Municipal Code. a) Submit draft copies of Declarations of Covenants, Conditions and Restrictions/Owners Association documents (DCC&R's) for review and approval prior to recordation of a Final Map. Final, executed and notarized documents shall be recorded with the final map; or alternatively, the subdivider may enter into a covenant with the City of Fresno to defer the preparation of DCC&R's and formulation of the required Homeowners' Association (HOA) in accordance with the following term: i) A minimum of ninety days before submittal of documents to the Department of Real Estate to obtain the public report for the project or the recordation of a Condo Plan as defined in Section 1351(e)of the Califomia Civil Code, whichever is earlier, the subdivider shall submit to the City for review the Condo Plan, DCC&R and HOA instruments that are compliant with the special permit(s) (Conditional Use Permit Application Nos. C-11-163 and C-12-002) and the tentative map and associated conditions of approval. b) CC&R's are intended to satisfy and secure the enforceability of properties' obligations for retention and maintenance of access, utilities, facilities, and improvements; and, shall, at a minimum, address the following: i) Cross Access for ingresslegress and emergency access to buildings ii) Cross Drainage (if applicable) hi) Shared Parking iv) Shared solid waste facilities v) Maintenance of sewer, water and all other utilities vi) Maintenance of private sidewalks, curbs, gutters, and improvements vii) Maintenance of all landscaping and irrigation systems within the limits of this map Vesting Tentative Tract Map No. T-6015 May 01, 2013 Page 6 of 11 viii)Maintenance and retention of fire suppression systems and underground water supplies c) The subdivider shall establish a Home Owners' Association to perform the above listed maintenance responsibilities pursuant to a formal agreement with the City. The agreement with the City described herein, shall among other things, include assignment of responsibility to the homeowner's association for provisions as stated in the Development and Resource Management Department Guidelines for preparation of CC&Rs dated September 01, 1994 and shall specify level of effort and frequency, insurance requirements, traffic control, and inspection and be subject to approval by the Director of Public Works and the City Attorney's Office. • NOTE: The owner/developer may include such other items as are deemed appropriate and necessary for the sustainability of the subdivision and its amenities within the responsibilities of the association. • NOTE: Any amendment by the association to the above provisions or any other provision specifying any right of the City shall require the prior written consent of the City. Lot Area and Dimensions 22. The single "common" lot proposed by Vesting Tentative Tract Map No. 6015 is consistent with the existing C-4 (Central Trading)zone district. a) Proposed lots shall be configured and dimensioned in accordance with Vesting Tentative Tract Map No. 6015. Building Setbacks 23. Building setbacks shall be provided in accordance with the Conditions of Approval and the approved site plan(s) (Exhibit[s] "A") for Conditional Use Permit Application Nos. C-11-163 and C-12-002. Fences, Hedges &Walls 24. Fences Hedges and Walls shall be provided in accordance with the Conditions of Approval and the approved site plan(s) (Exhibit[s] "A") for Conditional Use Permit Application Nos. C-11-163 and C-12-002. LANDSCAPING AND OPEN SPACE 25. On-site landscaping and open space shall be provided and maintained in accordance with the Conditions of Approval and the approved site plan(s) (Exhibit[s] "A") for Conditional Use Permit Application Nos. C-11-163 and C-12-002. STREETS AND RIGHTS-OF-WAY 26. The subdivider shall furnish to the City acceptable security to guarantee the construction of the off-site street improvements in accordance with all applicable provisions of the FMC and the State Subdivision Map Act. Vesting Tentative Tract Map No.T-6015 May 01, 2013 Page 7 of 11 27. Comply with all of the requirements included within the attached Public Works Department, Traffic and Engineering Services Division memorandum dated April 24, 2013; and, the following: a) The southwesterly 10 feet of Lots 17-32, in Block 336 of the City of Fresno, as per Map of Block 336 of the City of Fresno, recorded March 6, 1888, in Book 1, Page 74 of Plats, Fresno County Records was acquired in Fee Simple Title by the City of Fresno (vs. having been dedicated/reserved as an easement for right-of-way purposes) and therefore, cannot be included within the tract boundary unless purchased from the City. i) The proposed vacation of street right-of-way along Broadway cannot occur with the map until purchased. Purchase will require an affirmative action by the Council of the City of Fresno. • NOTE: A feasibility study for the proposed vacations of existing rights-of-way along Broadway is required to be completed prior to scheduling a hearing for consideration by the City Council of any proposed purchase of lands reserved for such rights-of-ways. 28. The subdivider is required to provide street trees on all public street frontages per Fresno Municipal Code and is responsible for the dedication of planting and buffer landscape easements as determined by the Development and Resource Management Department. Street trees shall be planted by the developer at the minimum rate of one tree for each 24 feet of street frontage. The subdivider is required to provide irrigation for all street trees. The irrigation system shall comply with FMC Section 12-306-N-23, Water Efficient Landscape Standards and AB 1881 Model Water Efficient Landscape Ordinance. a) Comply with all of the Street Tree and Maintenance requirements included within the Department of Public Works, Streets Division memorandum from the Parks Supervisor dated February 25, 2013; except as may be modified herein below: • NOTE: The proposed project fronts on a Capital Improvement Project for Broadway that has been designed by Designlab 252 through Debra Bernard, Supervising Engineering Technician with the City of Fresno Department of Public Works and which has gone out to bid. Tract 6015 will not be required to provide street trees on Broadway. The only landscaping within the right-of- way will be street trees along both San Joaquin and Calaveras Streets. Existing street trees may be counted towards the street tree requirements for these two streets. i) Based upon the proposed building setbacks of proposed structures to public rights-of-way, street trees may not be required to be planted within a 10-foot Public Planting and Utility Easement subject to approval by the Public Works Department. The number and locations of street trees for the proposed project shall be approved by the Department of Public Works, Parks Supervisor prior to issuance of a street tree planting permit or prior to approval of landscape plans. Landscape plans are required to be submitted to serve as a street tree planting permit for any on-site trees, which may altematively be planted outside of street rights-of-way and within ten feet of the back of the sidewalk. Vesting Tentative Tract Map No. T-6015 May 01, 2013 Page 8 of 11 SANITARY SEWER SERVICE The nearest sanitary sewer main to serve the proposed project is an 8-inch main located in the alley between Fulton Street and Broadway. The following sewer conditions shall be required prior to providing City sewer service to the project: 29. Comply with all of the requirements included within the attached Department of Public Utilities, Planning and Engineering Division (Sanitary Sewer) memorandum dated March 05, 2013. WATER SERVICE The nearest water main to serve the proposed project is a 12-inch main located in the alley between Fulton Street and Broadway. The following water improvements shall be required prior to providing City water service to the project: 30. Comply with all of the requirements included within the attached Department of Public Utilities, Water Division memorandum dated March 14, 2013. FIRE SERVICE Fire service is available to the proposed tract subject to the following requirements: 31. Comply with all of the requirements included within the attached Fresno Fire Department memorandum dated February 12, 2013. FLOOD CONTROL AND DRAINAGE 32. The subdivider shall be required to comply with the specific requirements imposed by the Fresno Metropolitan Flood Control District (FMFCD) for the subdivision or any amendments or modifications to those requirements which may be granted by the FMFCD Board of Directors, pursuant to Section 13-1307 of the Fresno Municipal Code. These requirements are identified in the District's letters to the Planning and Development Department dated March 05, 2013. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT 33. Comply with all of the requirements included within the attached San Joaquin Valley Air Pollution Control District(SJVAPCD) memorandum dated February 13, 2013. RIGHT-OF-WAY ACQUISITION 34. The developer will be responsible for the acquisition of any necessary right-of-way to construct any of the required improvements. 35. Rights-of-way acquisition shall include any rights-of-way necessary for proper drainage, signing, pole relocation, and shoulder grading. In general, this will require right-of-way to be provided approximately 10 feet outside the travel lane. The exact requirement must Vesting Tentative Tract Map No. T-6015 May 01, 2013 Page 9 of 11 be determined at the project design stage based on the existing conditions and detailed design information. 36. In the event an acquisition of any easement or right-of-way is necessitated by the subject development, said acquisition will be accomplished prior to Final Map approval. rhe developer/owner should contact the Real Estate Section of the Public Works Department to receive procedural guidance in such acquisitions. 37. Should such acquisition not be accomplished by the subdivider prior to Final Map approval, the subdivider must request and grant to the City the full authority to attempt acquisition either through negotiation or through its power of eminent domain. The subdivider shall furnish to the City Public Works Department, Engineering Division/ Real Estate Section, an appraisal report or a request for an estimated appraisal amount(to be determined by the City of Fresno Real Estate Section) prior to preparation of a Subdivision Agreement. 38. The subdivider shall submit adequate security in the form of a cash deposit to guarantee payment of all costs associated with the acquisition, including staff time, attorney's fees, appraisal fees, court costs, and all related expenditures and costs necessary to effect the acquisition of such easements or rights-of-way. DEVELOPMENT FEES AND CHARGES This project is subject to the following fees and charges: FLOOD CONTROL CHARGES FEE RATE a. FMFCD Drainage Fee $5,885.00 SEWER CONNECTION CHARGES FEE RATE b. Lateral Sewer Charge [1] $0.10/sq. ft. (to 100'depth) c. Oversize Charge [1] $0.05/sq, ft. (to 100' depth) d. Trunk Sewer Charge N/A Service Area: e. Wastewater Facilities Charge S.T.E.P. f. House Branch Sewer Charge[2] N/A WATER CONNECTION CHARGES FEE RATE g. Service Connection Charge Fee based on service(s) and meter(s)sizes specified by owner; fee for service(s)and Meter(s) established by the Master Fee Schedule. h. Frontage Charge [1] $6.50/lineal foot i. Transmission Grid Main Charge[1] $804/net acre Vesting Tentative Tract Map No. T-6015 May 01, 2013 Page 10 of 11 (parcels under 5 gross acres) j. Transmission Grid Main Bond Debt Service Charge [1] $304/net acre (parcels under 5 gross acres) k. UGM Water Supply Fee [2] N/A Service Area: I. Well Head Treatment Fee [2] N/A Service Area: m. Recharge Fee [2] N/A Service Area: n. 1994 Bond Debt Service [1] N/A Service Area: CITYWIDE DEVELOPMENT IMPACT FEES FEE RATE o. Fire Facilities Impact Fee—Citywide [4] Residential, Multi Family $439.00/living unit p. Park Facility Impact Fee—Citywide [4] $2764.00/living unit q. Quimby Parkland Dedication Fee [2] N/A r. Citywide Regional Street Fee [3] $13,846.00/adj. acre s. New Growth Area Major Street Fee [3] N/A t. Police Facilities Impact Fee—Citywide [4] Residential, Multi Family $508.00/living unit u. Traffic Signal Charge [1] Residential, Multi Family $316.65/living unit Vesting Tentative Tract Map No. T-6015 May 01, 2013 Page 11 of 11 Notes: The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map. Please see the attached memorandum from the Fresno Metropolitan Flood Control District (FMFCD) for further information regarding considerations which may affect the fee obligation(s)or the timing or form of fee payment. On July 22, 2008, the Fresno County Board of Supervisors passed Ordinance No. 2008 — 023 requiring the payment of County Public Impact Facilities Impact Fees. The effective date of this ordinance is September 20, 2008. Contact the County of Fresno, Public Works and Planning Department to determine payment of this fee obligation. Confirmation by the County of Fresno is required before the City of Fresno can issue building permits. (The requirement to pay this fee is currently suspended by Fresno County. However, payment of this fee may be required if the fee has been reinstated at the time of issuance of building permits on the subject property.) The Board of Directors of the Fresno County Regional Transportation Mitigation Fee Agency approved Resolution No.2009—01 requiring the payment of Regional Transportation Mitigation Fee. The effective date of this resolution is January 1, 2010. Contact the Council of Fresno County Governments (FCOG) to determine this fee obligation. Confirmation by the FCOG is required before the City of Fresno can issue building permits. " Upon occupancy of the project, the subdivider shall pay the appropriate sewer facility charge pursuant to the Simple Tiered Equity Program (STEP) as determined by the Department of Public Utilities, Wastewater Division, Environmental Services Section (559-621-5153). [1] Deferrable through Fee Deferral Covenant. [2] Due at Final Map. [3] Due at Building Permit. [4] Due at Certificate of Occupancy. t Building areas to be calculated to the nearest square foot. Traffic Signal Fee is subject to review and conditions of approval from Transportation Planning through the entitlement review process based on Average Daily Trips of the proposed project. Average Daily Trips to be determined by Traffic Engineering. CITY OF FRESNO DEVELOPMENT AND RESOURCE MANAGEMENT DEPARTMENT CONDITIONS OF APPROVAL MAY 1,2013 CONDITIONAL USE PERMIT APPLICATION NO. C-11-163 AND CONDITIONAL USE PERMIT APPLICATION NO. C-12-002 1636 BROADWAY PART A- PROJECT INFORMATION 1. Assessor's Parcel No(s): 466-193-006, 10, & 20 2. Street Location: Located on the easterly side of Broadway between San Joaquin and Calaveras Streets in downtown Fresno (Council District 3, Councilmember Baines) 3. Existing Zoning: "C-4" (Central Trading District) 4. Existing Planned Land Use: Commercial Mixed Use Level 2 (Central Area) 5. Plan Areas: Central Area Community Plan, Fulton/Lowell Specific Plan, Fulton Redevelopment Plan 6. Project Description: Conditional Use Permit Application No. C-11-163 proposes eight three-story fiveplex buildings with a total of 40 residential units. Conditional Use Permit Application No. C-12-002 proposes six three- story fiveplex buildings with a total of 30 residential units. The project includes the demolition of an existing accessory building located on the subject property and the removal of a "sunroom"addition made to the historic Levinson Horne (Historic Property No. 278) when it was relocated to the subject property in 1991. The Levinson Home will be rehabilitated for use as a manager's unit and club house. Associated Vesting Tentative Tract Map No. 6015 proposes a one-lot subdivision for condominium purposes. Portions of the existing public street rights-of-way adjacent to the subject property are proposed to be vacated in order to facilitate the proposed project. These vacations include one foot of the existing Calaveras Street right-of-way width and four feet of the existing Broadway and San Joaquin Street right-of-way widths. The proposed project will also involve installation and construction of both public and private facilities and infrastructure in accordance with the standards, specifications, and policies of the City of Fresno Conditions of Approval Conditional Use Permit Application Nos. C-11-163 & C-12-002 May 1, 2013 Page 2 of 17 PART B - GENERAL CONDITIONS AND REQUIREMENTS The City of Fresno Planning Commission, on May 1, 2013, approved the special permit application subject to the enclosed list of conditions and Exhibit(s) "A", "E°, "F" & "L", inclusive of Conditional Use Permit Application Nos. C-11-163& C-12-002. IMPORTANT: PLEASE READ CAREFULLY Please note that this project may be subject to a variety of discretionary conditions of approval. These include conditions based on adopted City plans and policies, those determined through site plan review and environmental assessment essential to mitigate adverse effects on the environment including the health, safety, and welfare of the community, and recommended conditions for development that are not essential to health, safety, and welfare, but would on the whole enhance the project and its relationship to the neighborhood and environment. Discretionary conditions of approval may be appealed. All code requirements, however, are mandatory and may only be modified by variance, provided the findings pursuant to Fresno Municipal Code (FMC)Section 12-405.A can be made. All discretionary conditions of approval will ultimately be deemed mandatory unless appealed either verbally or in writing to the City of Fresno Planning Commission at the scheduled public hearing regarding Conditional Use Permit Application Nos. C-11-163 & C- 12-002 and Vesting Tentative Tract Map No. T-6015. Approval of this special permit shall be considered null and void in the event of failure by the applicant and/or the authorized representative, architect, engineer, or designer to disclose and delineate all facts and information relating to the subject property and the proposed development including, but not limited to, the following: 1. All existing and proposed improvements including but not limited to buildings and structures, signs and their uses, trees, walls, driveways, outdoor storage, and open land use areas on the subject property and all of the preceding which are located on adjoining property and may encroach on the subject property; 2. All public and private easements, rights-of-way and any actual or potential prescriptive easements or uses of the subject property; and, 3. Existing and proposed grade differentials between the subject property and adjoining property zoned or planned for residential use. Approval of this special permit may become null and void in the event that development is not completed in accordance with all the conditions and requirements imposed on this special permit, the Zoning Ordinance, and all Public Works Standards and Specifications. The Development and Resource Management Department shall not assume responsibility for any deletions or omissions resulting from the special permit review process or for additions or alterations to construction plan not specifically submitted and reviewed and approved pursuant to this special permit or subsequent amendments or revisions. (Include this note on the site plan.) Conditions of Approval Conditional Use Permit Application Nos. C-11-163 8 C-12-002 May 1, 2013 Page 3 of 17 No uses of land, buildings, or structures other than those specifically approved pursuant to this site plan shall be permitted. (Include this note on the site plan.) Transfer all red line notes, etc., shown on the original site plan exhibit(s) to the final site plan(s). CORRECTIONS SHALL INCLUDE ALL THOSE LISTED IN THIS DOCUMENT AND THOSE LISTED IN THE CORRECTION LIST PROVIDED BY THE PLAN CHECK PROCESS. The exercise of rights granted by this special permit must be commenced by May 1, 2017 (four years from the date of Director approval). The time limits for any special permit conditionally granted in conjunction with an approved tentative tract map shall be automaticapy extended upon the extension of such tentative tract map pursuant to Section 12-1005.1 of the FMC. To complete the back-check process for building permit relative to planning and zoning issues, submit copies of this corrected, final site plan, together with copies of the elevations, landscape, and irrigation plans, and any required covenants and/or studies or analyses to the Development Services (Planning) Division for final review and approval, a minimum of 15 days before applying for building permits. Copies of this final approved site plan, elevations, landscape, and irrigation plans stamped by the Development Services (Planning)Division must be substituted for unstamped copies of the same in each of the sets of construction plans submitted for plan checkra for to issuance of building permits. The final approved site plan must also include all corrections identified in the plan check process. Be advised that on-site inspections will not be authorized unless the final stamped approved site plan, elevations, landscape, and irrigation plans are included in the plan check file copy. Please contact Will Tackett at (559) 621-8083 or via e-mail at Willijackett(&-fresno.gov and McKencie Contreras at (559) 6214066 or via email at McKencie.Contreras atkesno.gov to schedule an appointment for final sign-off for building permits following your receipt and substitution of the four copies of the stamped, corrected, approved exhibits in the plan check sets. NOTICE TO PROJECT APPLICANT In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservation or exactions imposed on the development project. This notice does not apply to those fees, dedications, reservations or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(dx1) in effect before January 1, 1997. Conditions of Approval Conditional Use Permit Application Nos. C-11-163 & C-12-002 May 1, 2013 Page 4 of 17 PART C-PUBLIC IMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information, for which this review process is dependent, will be imposed whenever such conditions are disclosed. Questions relating to dedications, street improvements or off-street parking geometrics may be directed to Louise Gilio at (559) 621-8678 / Louise.GilioCo)-fresno.-go of the City of Fresno Public Works Department,Traffic and Engineering Services Division. 1. STREET ENCROACHMENT PERMITS, DEDICATIONS AND VACATIONS a) Exhibit(s) "A" is/are required to include all street furniture, e.g.: public utility poles and boxes, guy wires, signs, fire hydrants, bus stop benches, mail boxes, news stands, trash receptacles, tree wells, etc., within the existing and proposed public rights-of-way. b) ENCROACHMENT PERMITS. The construction of any overhead, surface or sub-surface private structures and appurtenances extending within the public rights-of-way is prohibited unless an encroachment permit is approved by the City of Fresno Public Works Department, Engineering Division, Special Districts/Projects and Right of Way Section, (559) 621-8693. Encroachment permits must be approved prior to issuance of building permits. c) DEDICATIONS. The following dedication requirements must be satisfiedrp for to the issuance of building permits: i) Dedications are not required at this time. d) VACATIONS. The following vacation requirements must be satisfied prior to issuance of building permits: i) The proposed vacations are required prior to building permits. ii) The southwesterly 10 feet of Lots 17-32, in Block 336 of the City of Fresno, as per Map of Block 336 of the City of Fresno, recorded March 6, 1888, in Book 1, Page 74 of Plats, Fresno County Records was acquired in Fee Simple Title by the City of Fresno (vs. having been dedicated/reserved as an easement for right-of-way purposes) and therefore, cannot be included within the tract boundary unless purchased from the City. i) The proposed vacation of street right-of-way along Broadway cannot occur until purchased. Purchase will require an affirmative action by the Council of the City of Fresno. • NOTE: A feasibility study for the proposed vacations of existing rights-of-way along Broadway is required to be completed prior to scheduling a hearing for consideration by the City Council of any proposed purchase of lands reserved Conditions of Approval Conditional Use Permit Application Nos. C-11-163 & C-12-002 May 1, 2013 Page 5 of 17 for such rights-of-ways. Contact Alan James, Supervising Engineering Technician at (559) 621-8693 for further information. 2. STREET IMPROVEMENTS a) All public improvements shall be constructed in accordance with the Standard Specifications and Standard Drawings of the City of Fresno, Public Works Department or street construction plans required and approved by the City Engineer. The performance of any work within the public street rights-of-way (including pedestrian, water and sewer utility easements) requires a Street Work Permit issued by the Public Works Department, Engineering Services Division at (559) 621-8693, prior to commencement of the work. Contact the Public Works Department, Engineering Services Section at (559) 621-8686 for detailed information. All required street improvements must be completed and accepted by the City prior to occupancy. b) Repair all damaged and/or off grade off-site concrete street and/or alley improvements as determined by the City of Fresno Public Works Department, Construction Management Division, (559) 621-5600. Pedestrian paths of travel must also meet current ADA regulations. All existing sidewalks in excess of 2% maximum cross slope must be brought into compliance prior to acceptance by Public Works. c) Existing off-site concrete improvements to remain in place shall be repaired if damaged and/or off grade as determined by the Public Works Department, Construction Management Division (559) 621-5500. Such repairs must be completed rior to final occupancy. d) Underground all existing off-site overhead utilities within the limits of this site as per FMC Section 12-1011, Section 8-801 and Resolution No. 78-522/88-229. e) Submit the following as a single package to the Public Works Department Engineering Division, Plan Check and GIS Mapping Section, (559) 621-8682, for review and approval, prior to issuance of building and street work permits: Street Improvement Plans, Signing and Striping Plans, Street Lighting Plans and Landscape and Irrigation Plans. f) Comply with the street improvements requirements listed in the Public Works Department, Traffic and Engineering Services Division memorandums dated March 7& 8, 2013. 3. SURVEY MONUMENTS AND PARCEL CONFIGURATION a) All survey monuments within the area of construction shall be preserved and if disturbed, shall be reset by a person licensed to practice Land Surveying in the State of California. (Include this note on the site plan.) b) The parcel configuration depicted for the proposed development does not conform to record information: a Lot Line Adjustment, Lot Merger, or Tract Map (T-6015) is required to establish this configuration prior to building permits. Identify existing lots of record. Conditions of Approval Conditional Use Permit Application Nos. C-11-163 & C-12-002 May 1, 2013 Page 6 of 17 i) Any proposed structure(s)on the site may be affected due to the location of the existing lot lines. The location of a lot line in close proximity to (or through) any existing and/or proposed structure(s) requires that the structure(s) be found in compliance with the fire resistive standards of the Uniformed Building Code, Chapter 5. • NOTE: Compliance with the prevailing Uniform Building Code as it relates to exterior wall protection, allowable area, etc. (as applicable to new parcel line locations) must be demonstrated prior to issuance of building permits. In the event the structures do not comply they must be modified so as to meet the requirement. Contact the Development and Resource Management Department, Building and Safety Services Division at(559) 621-8200. PART D - PLANNING/ZONING REQUIREMENTS 1. PLANNING a) Development is subject to the following codes, plans, and policies: i) C-4, Central Trading District(§12-220 of the FMC) ii) 2025 Fresno General Plan iii) Central Area Community Plan iv) Fulton/Lowell Specific Plan v) Fulton Redevelopment Plan 2. MITIGATION MONITORING REQUIREMENTS a) Development of the subject property shall be subject to implementation of all applicable mitigation measures, fees, and timelines included within the Initial Study and Mitigated Negative Declaration prepared for the proposed project dated March 01, 2013. i) The mitigated negative declaration prepared for the proposed project is tiered off of the 2025 Fresno General Plan Master Environmental Impact Report (MEIR) No. 10130 prepared for the 2025 Fresno General Plan (SCH#2001071097) and the Mitigated Negative Declaration prepared for Plan Amendment No. A-09-02 (SCH#2009051016) (Air Quality MND). • NOTE: In addition to the project specific mitigation measures identified within the mitigated negative declaration prepared for the proposed project, development of the subject property shall also be subject to implementation of all applicable mitigation measures included within the MEIR and Air Quality MND for subsequent projects; included herein by reference. 3. ZONING a) A subsequent entitlement will be required in order to revise the current development proposal or authorize an alternative development scheme for the subject property. Further environmental review may also be required for any future revisions dependent upon the Conditions of Approval Conditional Use Permit Application Nos. C-11-163 & C-12-002 May 1, 2013 Page 7 of 17 level of intensification that may be proposed. b) The subject property is zoned under the C-4 (Centra! Trading) zone district classification. Any development on the subject property or individual lots resulting from a subdivision thereof shall comply with the property development standards of the respective C-4 zone district. 4. BUILDING HEIGHT a) No building or structure erected on the subject property shall have a height greater than 60 feet. • NOTE. Future buildings or structures which may be proposed at a height, which is in excess of the maximum height development standard as provided herein above shall obtain a conditional use permit pursuant to the provisions of the Mid-Rise and High Rise Ordinance (FMC Section 12-321), i) Roof structures for the housing of moot elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, church steeples, flagpoles, chimneys, smokestacks, silos, water tanks or wireless masts or similar structures may be erected above the height limit prescribed when approved by the Director (or Planning Commission) upon finding that the structure may be safely erected and maintained at such height without damaging the surrounding properties taking into consideration the surrounding conditions and circumstances. No roof structures or any space above the height limit shall be allowed for the purpose of providing additional living or floor space. b) New buildings or structures shall be a minimum of two stories or 24 Feet in height, whichever is the greater height. c) No accessory building erected on the subject property shall have a height greater than one story, not to exceed 12 feet in height. All accessory buildings on the subject property are subject to the provisions of Section 12-306-N-1 (Accessory Buildings) of the FMC. 5. BUILDING AND YARD SETBACKS AND SPACES BETWEEN BUILDINGS a) Setbacks and spaces between buildings shall be provided in accordance with Exhibit(s) "A" of Conditional Use Permit Application Nos. C-11-163 and C-12-002;and, the following: • NOTE: Any proposed deviation from the building setbacks established by Exhibits "A" of Conditional Use Permit Application Nos. C-11-163 and C-12-002 requires a revision to Conditional Use Permit Application Nos. C-11-163 and C-12-002. b) Proposed structures are required to be found in compliance with the fire resistive standards of the Uniformed Building Code. In the event structures do not comply they must be modified so as to meet the requirement. Conditions of Approval Conditional Use Permit Application Nos. C-11-163 & C-12-002 May 1, 2043 Page 8 of 17 6. OPEN SPACES AND LANDSCAPING The subdivider shall provide and maintain all landscaping (and irrigation systems) in accordance with the following: a) A landscape and irrigation plan, prepared by a landscape professional, shall be submitted to the Development Services (Planning) Division and approved for all open space and recreational areas within the development. These plans must be reviewed and approved prior to obtaining building permits. b) All yards (including private) and areas designated for open space purposes shall be landscaped and maintained in accordance with Sections 42-306-N-24 of the FMC. i) All yards and landscaped areas located adjacent to street frontage shall be provided automatic irrigation systems. ii) All yards (including private) and areas designated for open space purposes shall comply with the water efficient landscape standards in accordance with Section 12-306- N-23 of the FMC. c) All required walls or fences, which are accessible to the public, shall incorporate an adjacent landscaped buffer area pursuant to the City of Fresno "Anti-Graffiti Landscaped Buffer Development and Planting Standards." d) Provide for the planting of trees on-site per FMC Section 12-306-N-24-g; except as may be modified herein below: i) Planting of on-site trees shall occur in accordance with the landscape plan which is required to be submitted to the Development Services (Planning) Division for review and approval prior to issuance of building permits. ii) Disperse trees over the parking lot area to provide 50 percent shading of the parking area surface within 15 years; or, provide substantiated data satisfactory to the Director demonstrating that existing conditions (tall buildings, etc.) meet the intention of parking lot shading requirements. iii) Trees shall be planted in proposed landscaped areas along the periphery of the development in order to shade and enhance adjacent property and public rights-of-way. e) No building permit shall be issued for any development for which a special permit has been issued until the requirements for street trees as provided in Article 3 of Chapter 41 of the FMC have been met and street tree inspection fees paid pursuant to the Master Fee Schedule. • NOTE: Street trees shall be planted by the property owner and shall be inspected by the City pursuant to the payment of street tree inspection fees. Conditions of Approval Conditional Use Permit Application Nos. C-11-163 & C-12-002 May 1, 2013 Page 9 of 17 i) Comply with the Street Tree and Maintenance requirements included within the attached Department of Public Works, Streets Division memorandum from the Parks Supervisor dated February 25, 2013; and, the following: • NOTE: The Department of Public Works may approve a request for waiver of street tree requirements if the applicant agrees to plant the minimum number of street trees required based upon the linear feet of street frontage on private property within 10 feet of the back of the sidewalk. However, based upon the proposed building setbacks of proposed structures to public rights-of-way, street trees may not be required to be planted within a 10-foot Public Planting and Utility Easement subject to approval by the Public Works Department. The number and locations of street trees for the proposed project shall be approved by the Department of Public Works, Parks Supervisor prior to issuance of a street tree planting permit or prior to approval of landscape plans. Landscape plans are required to be submitted to serve as a street tree planting permit for any on-site trees, which may alternatively be planted outside of street rights-of-way and within ten feet of the back of the sidewalk. • NOTE: The number and location of street trees for the proposed project shall be approved by the Department of Public Works, Parks Supervisor prior to approval of landscape plans and prior to issuance of a street tree planting permit. The approved landscape plan, properly scaled and dimensioned, shall serve as a street tree planting permit for on-site trees not in the public right of way. A copy of this plan shall be kept at the job site at all times. ii) Call (559) 621-5600 to notify the Public Works Department Construction Management Division 72 hours prior to tree hole drillingltree planting in the public right-of-way, in order to verify tree locations, to obtain inspection of drilling operations, and to check backfilling procedures and safety barriers. iii) All planting, irrigation and related work within the city right-of-way shall comply with the City of Fresno Public Works Department Standard Specifications, Section 25 and 26. iv) All landscaping and related work to be performed within the city right-of-way shall be done by a qualified contractor and requires a street encroachment permit from the Public Works Department prior to commencement. Call (559) 621-8685 for information on encroachment permits and required insurance and bonding. f) All trees shall be maintained in good health. Trees may not be trimmed or pruned to reduce the natural height or overall crown of the tree, except as necessary for the health of the tree and public safety; or as may otherwise be approved by the Development and Resource Management Department. (Include this note on the site plan and landscape plan.) g) All vegetation shall be maintained free of physical damage or injury from lack of water, excess chemical fertilizer or other toxic chemical, blight, or disease, and any such vegetation which shows signs of such damage or injury at any time shall be replaced by the Conditions of Approval Conditional Use Permit Application Nos. C-11-163 &C-12-002 May 1, 2013 Page 10 of 17 same, similar, or substitute vegetation of a size, form, and character, which will be comparable at full growth. h) Landscaping shall be kept free from weeds and undesirable grasses. i) Landscaping must be in place before issuance of the certificates of occupancy for proposed structures. i) A Hold on Occupancy shall be placed on the proposed development until such time that landscaping has been approved and verified for proper installation by the Development and Resource Management Department. (Include this note on the site and landscape plans.) • NOTE: The hold on occupancy may be released at the discretion of the Development and Resource Management Department to subjectively accommodate inappropriate planting conditions, which are outside of the control of the developer/subdivider (e.g. weather conditions which may be prohibitive to planting in a timely and appropriate manner, etc.). • NOTE: The use of utilities for temporary occupancy may be allowed by the Building Official pursuant to FMC Section 13-100.110.1.2 et seq. ii) Prior to granting of final occupancy, a written certification, signed by a landscape professional approved by the Development and Resource Management Department Director, shall be submitted stating that the required landscaping and irrigation system have been installed in accordance with the landscaping and irrigation plans approved by the Development and Resource Management Department. (Include this note on the site and landscape plans.) 7. FENCES, HEDGES, AND WALLS Fences, hedges and walls shall be provided in accordance with the following: a) All proposed fences, hedges and walls, etc. shall be reviewed and approved prior to installation by the City of Fresno, Development and Resource Management Department. (Include this note on the site plan.) i) Clearly depict any proposed/existing fences, hedges and walls on Exhibit(s) "A" of Conditional Use Permit Application Nos. C-11-163 and C-12-002. Note that all proposed/existing fences, hedges, and walls must comply with all policies, ordinances, regulations, etc. of the City of Fresno, Development and Resource Management Department. ii) Submit a rendering depicting the fence, hedge, or wall height, material, location etc. for review and approval. • NOTE: Only those fences, hedges, and walls as shown on the site plan shall be Conditions of Approval Conditional Use Permit Application Nos. C-11-163 & C-12-002 May 1, 2013 Page 11 of 17 reviewed for approval. b) All fences, hedges, and walls shall conform to the provisions of Section 12-306-H of the FMC. • NOTE: Without exception, all present and future fences, hedges, and walls shall not exceed three feet in height within the corner cut-off area defined at Section 12-306-H-3-e of the FMC; and, shall conform to all aspects of the comer cut-off provisions of Section 13-227 (Obstruction to Visibility at Intersection) and 13-228 (Intersection Visibility, Investigation and Enforcement. Lien.)of the FMC. c) All fences, hedges, and walls shall conform to the Fulton/Lowell Design Guidelines; specifically as follows: i) In accordance with the recommendations of the Fulton/Lowell Design Review Committee, the existing six-foot high wrought iron fence located in front of the Levinson Home shall be removed. ii) Any fencing proposed along Broadway, San Joaquin, and Calaveras Streets should be semi-transparent. Fencing style should enhance the architectural style of the proposed structures. • NOTE: Chain link fences are unacceptable. Only wrought iron, wood, or masonry wilt be considered acceptable fencing materials. iii) Gates shall be attractive and in keeping with the fence style. iv) Over height fences are prohibited pursuant to the FMC. d) Temporary fences to secure projects under construction are allowed. Any temporary fence shall be adequately secured and constructed to prevent overturning due to wind, vandalism, and/or casual contact by the general public. The construction shall be performed in such a manner as to minimize any potential safety hazard, which may occur as a result of improper fence installation or damage to the fence. 8. OFF-STREET PARKING Off-street parking on the subject property shall be provided and maintained in accordance with Exhibit(s) "A" of Conditional Use Permit Application No. C-11-163 and C-12-002; and, the following: a) Comply with any redlines notes on Exhibit "A" of Conditional Use Permit Application No. C-11-163 and C-12-002 or other requirements specified within the Department of Public Works, Traffic and Engineering Services Division memorandums dated April 24, 2013. b) Development of vacant land with an allowable "by-right" use shall be required to provide at least one square foot of off-street parking for each four square feet of gross floor space or Conditions of Approval Conditional Use Permit Application Nos. C-11-163 & C-12-002 May 1, 2013 Page 12 of 17 fraction thereof. 60,831 square feet of total building area / 4 = 15,208 square feet / 370 square feet = 42 parking spaces required 9. ACCESS a) There shall be adequate vehicular access from a dedicated and improved street, service road or alley, the design of which shall be approved by the Director of Public Works. b) There shall be pedestrian access from a dedicated and improved street, alley or recorded private access to property used for residential purposes. c) Vehicular and/or pedestrian access shall be maintained and remain clear at all times. d) Provide vehicular and/or pedestrian access as noted on Exhibit(s) "A" of Conditional Use Permit Application No. C-11-163 & C-12-002. 10.OUTDOOR ADVERTISING AND MARKETING a) Signs, other than directional signs, if applicable, are not approved for installation as part of this special permit. Submit for a separate Master Sign Program or Sign Review Application. Applications and requirements for submittal are available at the Planning Division's Public Front Counter. (Include this note on the site plan). 11.ADDRESSING a) The address listed in the conditions of approval is 1636 Broadway. Additional addressing was assigned to the proposed development. The official unit addresses for the proposed development are shown in the attached 'Official Address Numbers' exhibit dated March 11, 2013. b) Only those addresses assigned by the City of Fresno will be recognized as 'Official Addresses'. The United States Post Office will only recognize addresses assigned by the City of Fresno. If a non-official address is given to a building and or/separate suites, the City of Fresno has the authority to charge a fee and have those addresses corrected. In addition, the United States Post Office will cease mail delivery to those addresses that are not'Official Addresses". 12. BUILDING STANDARDS AND ELEVATIONS Final building elevations for all structures proposed to be constructed on the subject property shall be submitted to the Development and Resource Management Department, Development Services Division for approval prior to issuance of building permits. The design of the project should address the goal to create a pedestrian scale atmosphere with quality architecture in order to create and achieve a vibrant, livable, walkable, economically Conditions of Approval Conditional Use Permit Application Nos. C-11-163 & C-12-002 May 1, 2013 Page 13 of 17 viable and sustainable community within the downtown in order to enhance the urban core and form. Buildings should generally be designed to strengthen street scene, integrating public and private spaces such as to maximize pedestrian use, enjoyment and amenity associated with the proposed structures and public streets. Building elevations shall comply with the following requirements: a) Pursuant to Policy numbers C-20-f, C-21-a, C-21-b and C-21-c of the 2025 Fresno General Plan, all proposed buildings shall include design features and decorative treatments. Visible sides of buildings shall not be developed with featureless "blank" walls. Design measures should be utilized to avoid large scale, massive, monolithic, and repetitive "institutional" visual appearances. Submit elevations inclusive of modifications for review and approval. i) Buildings shall have an attractive appearance on all sides, not just on their front elevations. Side and rear elevations which are visible from the public rights-of-way or which are adjacent to common areas or paths of travel should incorporate aesthetic enhancements to reinforce the quality and character of the development. No monolithic walls shall be permitted. Design features such as the extension of roof treatments and mansards to the sides and backs of buildings; provision of pedestrian overhangs, awnings and sunscreens; and, use of texture, relief, and/or color can be utilized to add interest to otherwise blank walls. b) Pursuant to the recommendations of the Fulton/Lowell Design Review Committee and City of Fresno Historic Preservation Commission, installation of a French door and/or windows will be required on the north side elevation of the Levinson Home where the sunroom is proposed to be removed. c) Clearly identify all condensing units, air conditioning and heating units on the site plans and elevations. i) Mechanical equipment placed on the ground within side yard areas shall not obstruct or impede access for emergency service personnel. Maintain minimum three foot wide clear paths around equipment; or, provide approval from the City of Fresno Fire Department respective to mechanical equipment locations. ii) Roof mounted mechanical equipment shall be recessed and shall not be visible from the public right-of-way. When placed on the ground outside of required yards, condensing units and mechanical equipment shall be screened from view of the public right-of-way with structures, fencing and/or landscaping as may be appropriate. • NOTE: Pursuant to the recommendations of the Fulton/Lowell Design Review Committee, HVAC units for the Levinson Home may not be roof mounted and may not window installed units. 13. DEVELOPMENT IMPACT FEES City of Fresno Development Impact Fee obligations applicable to this project will be computed Conditions of Approval Conditional Use Permit Application Nos. C-11-163 & C-12-002 May 1, 2013 Page 14 of 17 during the building construction plan check process. The specified fees will be payable at time of issuance of building permit, at time of issuance of certificate of occupancy, or deferred with a fee deferral covenant. The time of payment for residential construction of all development impact fees has been deferred to the time of issuance of the Certificate of Occupancy in accordance with the provisions of Resolution No. 2008-348. Deferment of the payment of Citywide development impact fees for Fire, Police, Parks, Streets, and Traffic Signals is available for projects located within the Downtown Priority Areas in accordance with the provisions of Resolution Nos. 2009-265 and 2010-19. For information related to City of Fresno Development Impact Fees, contact Frank Saburit at (559)621-8797. a) Water Connection Charges i) Frontage Charge (based on property frontage to existing water main) ii) Transmission Grid Main Charge (based on parcel acreage) iii) Transmission Grid Main Bond Debt Service Charge (based on parcel acreage) iv) Service Charges (based on service size required by applicant) v) Meter Charges(based on service need) b) Sewer Connection Charges i) Lateral Sewer Charge (based on property frontage to existing sewer main, to a depth of 100'). ii) Oversize Sewer Charge(based on property frontage to a depth of 100') iii) Upon occupancy of the project, the developer shall pay the appropriate sewer facility charge pursuant to the Simple Tiered Equity Program (STEP) as determined by the Department of Public Utilities, Wastewater Division, Environmental Services Section (559-621-5153). c) Development Impact Fees i) Citywide Traffic Signal Mitigation Fee. Commercial, Industrial (based on Average Daily Trips) Single, Multi-Family Residential(based on the number of residential units) ii) Citywide Fire Facilities Charge. Commercial, Industrial (based on building square footage) Single, Multi-Family Residential (based on the number of residential units) iii) Citywide Park Facility Charge. Single, Multi-Family Residential(based on the number of residential units) iv) Citywide Police Facilities Charge. Commercial, Industrial (based on building square footage) Conditions of Approval Conditional Use Permit Application Nos. C-11-163 & C-12-002 May 1, 2013 Page 15 of 17 Single, Multi-Family Residential (based on the number of residential units) v) Citywide Regional Street Charge. Planned Land Use (based on parcel acreage) d) Other Agencies Impact Fees i) Satisfy the Fresno County Facilities Impact Fee obligation. Provide County Facilities Impact Fee receipt from the County Public Works and Planning Department (559-488- 3496) as proof of payment or exemption prior to the issuance of building permits. • NOTE: The requirement to pay this fee is currently suspended. However, this fee will be required to be paid if the fee has been reinstated at the time of issuance of building permits for this project. ii) Satisfy the Fresno County Regional Transportation Mitigation Fee (RTMF), as required by the RTMF Joint Powers Agency (559-233-4148). Provided are the RTMF Informational Summary and the Record of Payment forms. • NOTE: The completed Record of Payment of the RTMF form must be submitted to the City prior to the issuance of building permits. Prior to issuance of the Certificate of Occupancy, the Record of Payment of the RTMF form must be signed indicating the Disposition of RTMF by the RTMF JPA. e) Covenants and Agreements i) Deferral of the payment of the Citywide Development Impact Fees for Fire, Parks, Police, Major Streets, and Traffic Signals is available for projects located within the Downtown Priority Areas in accordance with the provisions of Resolution Nos. 2009- 265 and 2010-19. A covenant is required for deferral in applicable circumstances and must be recorded prior to issuance of Building Permits. PART E -CITY AND OTHER SERVICES 1. STREET TREES, BUFFER, PARKWAY AND MEDIAN ISLAND LANDSCAPING a) Comply with all of the requirements included within the attached Department of Public Works, Streets Division memorandum from the Parks Supervisor dated February 25, 2013; except as may be otherwise provided herein above. 2. TRANSPORTATION/TRAFFIC PLANNING REQUIREMENTS a) Comply with all of the requirements included within the attached Public Works Department, Traffic and Engineering Services Division revised memorandums dated April 24, 2013; except as may be otherwise provided herein above. Conditions of Approval Conditional Use Permit Application Nos. C-11-163 & C-12-002 May 1, 2013 Page 16 of 17 3. PUBLIC UTILITIES REQUIREMENTS a) Comply with all of the requirements included within the attached Department of Public Utilities, Planning and Engineering Division (Sanitary Sewer) memorandum dated March 5, 2013. b) Comply with all of the requirements included within the attached Department of Public Utilities, Water Division memorandum dated March 14, 2013. 4. SOLID WASTE COLLECTION a) Comply with all of the requirements included within the attached Department of Public Utilities, Solid Waste Division memorandum dated February 19, 2013. 5. FIRE PROTECTION REQUIREMENTS a) Comply with all of the requirements included within the attached City of Fresno Fire Department memorandum dated February 12, 2013. 6. FRESNO AREA EXPRESS REQUIREMENTS a) Comply with all of the requirements included within the attached City of Fresno Department of Transportation email dated January 24, 2012. 7. FLOOD CONTROL REQUIREMENTS a) Comply with all of the requirements stipulated within the attached Fresno Metropolitan Flood Control District memorandum dated March 5, 2013. b) Pay drainage fee pursuant to the Drainage Fee ordinance prior to issuance of building permits at the rates in effect at the time of such issuance. 8. COUNTY OF FRESNO, DEPARTMENT OF PUBLIC HEALTH a) Comply with all of the requirements included within the attached County of Fresno Department of Public Health memorandum dated January 20, 2012. 9. SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT a) Comply with all of the requirements included within the attached San Joaquin Valley Air Pollution Control District(SJVAPCD)memorandum dated February 13, 2013. i) The subdivider/developer shall comply with all regulations and rules applicable to the development of the subject property in accordance with SJVAPCD requirements. • NOTE: These rules and regulations may include, but not be limited to, compliance with Regulation VIII for the control of particulate matter and fugitive dust during Conditions of Approval Conditional Use Permit Application Nos. C-11-163 & C-12-002 May 1, 2013 Page 17 of 17 construction of this project and Rule 8060 for the control of fugitive dust from paved and unpaved roads. 10. CALTRANS a) Comply with all requirements included within the Department of Transportation, District 6 memorandum dated March 5, 2013. 11. FRESNO UNIFIED SCHOOL DISTRICT a) Attached for the subdivider's records and/or consideration is the memorandum from Fresno Unified School District dated February 19, 2013. 12. POSTAL SERVICE a) Comply with all requirements included within the United Stated Postal Service memorandum dated February 20, 2013. PART F - MISCELLANEOUS Approval of this site plan is contingent upon the submittal of corrected site plans showing all existing/proposed on-site conditions as reflected on all exhibits and the following: 1. Any "historic" materials from the Levinson Home that will not be reused on site shall be donated to a restoration facility/company so that the materials can be reused. 2. If archaeological and/or animal fossil material is encountered during project surveying, grading, excavating, or construction, work shall stop immediately. 3. If there are suspected human remains, the Fresno County Coroner shall be immediately contacted. If the remains or other archaeological material is possibly Native American in origin, the Native American Heritage Commission (Phone: 916/653-4082) shall be immediately contacted, and the California Archaeological Inventory/Southern San Joaquin Valley Information Center (Phone: 805/644-2289) shall be contacted to obtain a referral list of recognized archaeologists. An archaeological assessment shall be conducted for the project, the site shall be formally recorded, and recommendations made to the City as to any further site investigation or site avoidance/preservation. 4. If animal fossils are uncovered, the Museum of Paleontology, U.C. Berkeley shall be contacted to obtain a referral list of recognized paleontologists. A paleontologist shall conduct an assessment and, if the paleontologist determines the material to be significant, it shall be preserved. Unless the Planning Commission decision is set for hearing to the Council in accordance with Section 12406-J of the FMC, the decision of the Commission shall be final and effective at 12:01 a.m. on the 16"' day after the date of the decision, subject to writ of administrative mandamus under 1094.6 of the Code of Civil Procedures. DEPARTMENT OF PUBLIC WORKS TO: Will Tackett, Planner III McKencie Contreras, Planner III Planning Division FROM: Hilary Kimber, Parks Supervisor II (559.621.1345) Streets Division DATE: February 25, 2013 SUBJECT: Tract 6015(APN: 466-193-06; 10;20) located on the east side of Broadway between Calaveras and San Joaquin Streets in downtown Fresno. The Department of Public Works offers the following comments regarding the requirements for landscaping and irrigation in the street rights-of-ways: GENERAL REQUIREMENTS STREET TREE REQUIREMENTS 1. The subdivider is required to provide street trees on all public street frontages per Fresno Municipal Code. Street trees shall be planted at the minimum rate of one tree for each 24' of street frontage within the Downtown Area. The subdivider is required to provide irrigation for all street trees. The irrigation system shall comply with FMC 12-306-23, Water Efficient Landscape Standards and AB 1881. 2. Street Tree Planting by Developer: Tree planting shall be within an 8'-10' Public Planting and Utility Easement. a. Street tree inspection fees shall be collected for each 24'of public street frontage. b. Street trees shall be planted in accordance with the City of Fresno, Department of Public Works"Standard Specifications." c. Landscape plans for all public use areas shall be reviewed and approved by the Department of Public Works, Median Island Maintenance Division. A street tree planting permit shall be required for all street tree planting. d. Performance and payment securities, paid with final map, will be released when all landscaping installed on public and/or city controlled property is in conformance with the Specifications of the City of Fresno. e.Upon acceptance of the required work,warranty security shall be furnished to or retained by the city for guaranty and warranty of the work for a period of ninety (90)days following acceptance. 3. Because this project fronts on a Capital Improvement Project for Broadway St. that has been designed by designiab252 through Debra Bernard, Supervising Engineering Technician with Public Works, and has gone to bid, Tract 6015 will not be required to provide landscaping on Broadway St. The only landscaping required within the right-ofway will be street trees in tree wells along both San Joaquin and Calaveras Streets. Existing street trees may be counted towards the street tree requirements for these two streets. City of w F -R DATE: April 24,2013 Revision TO: Will Tacked McKencie Contreras Development and Resource Management Department THROUGH: M. Scott Tyler, PE,City Traffic Engineer Public Works Department, Traffic&Engineering Services Division FROM: Louise Gilio,Traffic Planning Supervisor Public Works Department, Traffic&Engineering Services Division SUBJECT: Public Works Conditions of Approval TT-6015, 1608-1660 BROADWAY STREET See also C-11-163 and C-12-002 FFDA Properties, LLC/Gary Giannetta The Public Works Department, Traffic and Engineering Services Division, has completed its review and the following requirements are to be placed on this tentative map as a condition of approval by the Public Works Department. 9mgral Conditions: 1. Curb Ramps: Provide curb ramps at all comers within the limits of this subdivision. 2. Overhead Utilities: Underground all existing offsite overhead utilities with the limits of this map in accordance with Fresno Municipal Code Section 12-1011 and Resolution No. 78-522/88-229. 3. Plan Submittal:Submit the following plans, as applicable,in a single package,to the Development and Resource Management Department for review and approval: Street:construction, signing, striping,streetlight. 4. Street widening and transitions shall also include utility relocations and necessary dedications. 5. Remove diagonal parking along Calaveras and San Joaquin. Submit striping plan to Traffic and Engineering for review to allow for parallel parking. Frontace improvement Requirements: Major Streets: Broadway Street: Existina 90;,Collector Yd 44=-aattems 4 Where missing, construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The 2. Revise the property line location along Broadway to reflect City owned property. 3. All existing driveway approaches which no longer provide access to approved vehicle parking areas shalt be removed unless otherwise approved by the City Engineer. Such areas shall be reconstructed with curb, gutter, and sidewalk to match existing adjacent street improvements. Page 1 of 3 T:1Traf Ic PlanNnglTRACT MAPS160001T-6015 BROADWAY 1608-16601T-M5 BROADWAY 1608-1660 revision 4-24-13.doc This work shall be completed and accepted before a Permit of Occupancy is issued or the building is occupied per Fresno Municipal Code(FMC) 11-209. 4. Construct an underground street lighting system to Public Works Standard E-1 within the limits of this application. Spacing and design shall conform to Public Works Standard E-8 for Local Streets. -OR-show the existing street light locations on the plans, -AND-that they are constructed per current City of Fresno Standards. Local Streets: San Joaquin Street: Existing 8V Local�rla4=-eatter� 4: Where missing,construct concrete curb, gutter and sidewalk to Public Works Standard P-5. The 2. All existing driveway approaches which no longer provide access to approved vehicle parking areas shall be removed unless otherwise approved by the City Engineer. Such areas shall be reconstructed with curb, gutter,and sidewalk to match existing adjacent street improvements. This work shall be completed and accepted before a Permit of Occupancy is issued or the building is occupied per Fresno Municipal Code(FMC) 11-209. 3. Construct an underground street lighting system to Public Works Standard E-2 within the limits of this application. Spacing and design shall conform to Public Works Standard E-9 for Local Streets. -OR-show the existing street light locations on the plans, -AND-that they are constructed per current City of Fresno Standards. Calaveras Street: Existing 80'Local w•�' 4. Where missing,construct concrete curb,gutter and sidewalk to Public Works Standard P-5. :Fhe 2. Construct an underground street lighting system to Public Works Standard E-2 within the limits of this subdivision. Spacing and design shall conform to Public Works Standard E-9 for Local Streets. 3. AJI existing driveway approaches which no longer provide access to approved vehicle parking areas shall be removed unless otherwise approved by the City Engineer. Such areas shall be reconstructed with curb,gutter, and sidewalk to match existing adjacent street improvements. This work shall be completed and accepted before a Permit of Occupancy is issued or the building is occupied per Fresno Municipal Code (FMC) 11-209. Allev: 1. If not existing,construct a concrete alley approach to Public Works Standard P-13. 2. If not existing, construct alley paving per Public Works Standard P-12. Specific Mithgation Requirements: 1. Trip Generation:This tract will generate 680 Average daily trips. 2. Revise the lrasatiea if appFeval is gFanted,the proposed vacations are required, prior to building permits. Reserve street right of way for curb ramps. Contact the Public Works Department,Alan James, (559)621-8693 for additional information. A feasibility study for all proposed vacations of existing public rights of way is required to be completed orior to building permits. A feasibility study for all Page 2 of 3 T:Uraffic PlanninglTRACT MAPS16000\T-6015 BROADWAY 1608-16801T-6095 BROADWAY 1606-1660 revision 4-24-13.doc proposed vacations of existing public rights of way is required to be completed pftr to the approval of the final map. See Alan James'comments. Traffic Signal Mitigation Impact(T§Mll Fee: This project shall pay the current Traffic Signal Mitigation Impact Fee(TSMI Fee)at the time of building permit based on the trip generation rate(s)as set forth in the latest edition of the ITE Generation Manual for single family units(fee rate as shown in the Master Fee Schedule). Fresno Malor Street Impact(FMSII Fee : This Map is in the Infill Area; therefore pay all applicable City- wide regional street impact fees. Regional Transportatlon MlI tgation Fee(RTMFI: Pay all applicable RTMF fees to the Joint Powers Agency located at 2035 Tulare Street, Suite 201, Fresno, CA 93721; (559)233-4148 ext. 200; www.fresnocog.org. Provide proof of payment or exemption arior to issuance of building permits. Landscape and Feature Maintenance: The owner shall be required to provide maintenance for all existing or proposed City street trees and their irrigation systems. Page 3 of 3 T:ITraf iic PlanninglTRACT MAPS16000M6015 BROADWAY IN&18801T-8015 BROADWAY 1808-1880 revision 4-24-13.doc City of DATE: April 24,2013 Revision TO: Wig Tackett Development and Resource Management Department FROM: Louise Gilio, Supervising Engineering Technician Public Works Department,Traffic and Engineering Services Division SUBJECT: Conditions of Approval for C-11-163 APN: 466-193-06 and a portion of 10 ADDRESS: 1608 Broadway Street SITE PLAN REQUIREMENTS: Please provide the following information Prior to Building Permits: A General Requirements 1. Scope of work:All items shall be listed as existing or proposed. 2. Property Lines: Identify and dimension existing and proposed property lines. B. Offsite laformation: 1. Easements/Dedications: Identify all existing and proposed easements/dedications. Provide a dimension from the section and center lines to the existing and proposed right of way. 2. Street Improvements and Furniture: Identify existing and proposed sidewalks driveway approaches, ADA ramps(provide radius),street lights(specify if wood or metal pole),utility poles, boxes,guy wires, signs,fire hydrants, bus stop benches, trash receptacles,tree wells, etc_ 3. Vacations: Revise hatching for the portion that is not included with the map. Reserve street easement for ramp at San Joaquin and Broadway. 4. Offsite parking: remove diagonal parking along Calaveras. Submit a striping plant to Traffic and Engineering Services for review and approval for proposed parallel parking. C. Onsite information: 1. Buildings: Provide square footage. 2. Access: Provide pedestrian,vehicular and service access. Identify in the operational statement the maximum size of vehicle to enter and exit the site. Provide turning templates on the site plan for aara4e access. 3. Parking Lot.: a. Walkways: provide width adjacent to parking stalls(7'min) b. Directional flaw of traffic: Identify one-way alley. c. Disability signage: Identify the location. (not to be within the 3'vehicular overhang) 4. Walls or Fencing: Identify proposed walls and fences complete with location height and type of material. Identify 10'visibility triangle at entry. 5. Gates: Submit an operational statement for the proposed gate(s)to Traffic Engineering for review and approval, Prior to permits. 6. Garages: Ingresslegress to the proposed garages does not meet minimum requirements. Redesign is required. Provide turning templates on the site plan to identify the acceptable ingress/egress of(2)forward and(1)reverse movement. Page 1 of 4 4/24/2013 G11-163 BROADWAY 1608 revision 4-24-13 PUBLIC IMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information,on which this review process is dependent,will be imposed whenever such conditions are disclosed. Questions relative to dedications, street improvements or off-street parking geometrics may be directed to Louise Giiio at(559)621-8678/Louise.Gilio(aKresno.aov, in the Public Works Department, Traffic and Engineering Services Division. Submit the following, as applicable, in a single package to the City of Fresno Public Works Department Traffic and Engineering Services Division (559-621-8650), for review and approval,gEi2E to issuance of building and street work permits: Street Improvement Plans, Signing and Striping Plans, Street Lighting Plans and Signal Plans,Trail Plans. When preparing Street Plans and/or Traffic Control Plans for projects in the City of Fresno contact the Traffic and Engineering Services Division(Randy Schrey)at(559)621-880710 working days in advance to make sure that sidewalks or an approved accessible path remain open during construction. Underground all existing off-site overhead utilities within the limits of this site/map as per FMC Section 12-1011 and Resolution No. 78-522/88-229. Survey Monuments and Parcel Conf auration All survey monuments within the area of construction shall be preserved or reset by a person licensed to practice Land Surveying in the State of Califomia. The parcel configuration depicted for the proposed development does not conform to record information: a Lot Line Adjustment, Lot Merger or Tract Map(T-6015)is required to establish this configurationrp for to building permits. Identify existing lots of record. Street Dedications.Vacations and Encroachment Permits Identify all street furniture, e.g.: public utility poles and boxes,guy wires,signs,fire hydrants, bus stop benches, mail boxes, newsstands, trash receptacles, tree wells,etc. within the public right of way. Also, identify the required 4'minimum path of travel along the public sidewalk directly in front of property,as required by the California Administration Code(Title 24). A pedestrian easement may be required If Title 24 requirements cannot be met. 1. Broadway and Calaveras Streets: the proposed vacations are required, orlor to building permits. Contact the Public Works Department,Alan James, (559)621-8693 for additional information. A feasibility study for all proposed vacations of existing public rights of way is required to be completed prior to building permits. Page 2 of 4 4/2412013 F11-163 BROADWAY 1606 revision 4-24-13 The construction of any overhead, surface or sub-surface structures and appurtenances in the public rights-of-way is prohibited unless an encroachment permit is approved by the City of Fresno Public Works Department,Traffic and Engineering Services Division,(559) 621- 8693. Encroachment permits must be approved rior to issuance of building permits. Street Improvements All improvements shall be constructed in accordance with the Standard Specifications and Standard Drawings of the City of Fresno, Public Works Department. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 45 MPH design speed for Collectors and 55 MPH for Arterials. Utility poles, street lights, signals, etc. shall be relocated as determined by the City Engineer. Street and Alley Construction Plans shall be required and shall be approved by the City Engineer. Contact Construction Management. The performance of any work within the public street rights-of-way(including pedestrian and utility easements) requires a STREET WORK PERMIT prior to commencement of work. Contact the City of Fresno Public Works Department, Traffic and Engineering Services Division at(559)621-8686 for detailed information. All required street improvements must be completed and accepted by the city prior to occupancy. Repair all damaged and/or off grade off-site concrete street and/or alley improvements as determined by the City of Fresno Public Works Department,Construction Management Division, (559)621-5600. Pedestrian paths of travel must also meet current ADA regulations. All existing sidewalks in excess of 2% maximum cross slope must be brought into compliance prior to acceptance by Public Works. Broadway Street: Collector 1. Where missing, construct sidewalk to Public Works Standard P-5. (> 10' sidewalk: Construct 4'x 6' tree wells per Public Works Standard P-8. Planting of street trees shall conform to the minimum spacing guidelines as stated in the Standard Specification, Section 26-2.11(C). 2. All existing driveway approaches which no longer provide access to approved vehicle parking areas shall be removed unless otherwise approved by the City Engineer. Such areas shall be reconstructed with curb,gutter, and sidewalk to match existing adjacent street improvements. This work shall be completed and accepted before a Permit of Occupancy is issued or the building is occupied per Fresno Municipal Code(FMC) 11-209. Calaveras Street: Local 1. Where missing, construct concrete sidewalk to Public Works Standard P-5. (> 10' sidewalk: Construct 4' x 6'tree wells per Public Works Standard P-8. Planting of street trees shall conform to the minimum spacing guidelines as stated in the Standard Specification, Section 26-2.11(C). 2. All existing driveway approaches which no longer provide access to approved vehicle parking areas shall be removed unless otherwise approved by the City Engineer. Such areas shall be reconstructed with curb, gutter, and sidewalk to match existing adjacent street improvements. This work shall be completed and accepted before a Permit of Occupancy is issued or the building is occupied per Fresno Municipal Code(FMC) 11-209. Page 3 of 4 4124/2013 G11-183 BROADWAY 1608 revision 4-24-13 3. Construct a 24'minimum to 35'maximum driveway approach to Public Works Standards P-2 and P-6. 4. If parking permitted, remove existing improvements and install required improvements to new street alignment and grade. Additional information required for review. 5. Construct 26'of permanent paving (measured from face of curb)within the limits of this application. 6. Construct an underground street lighting system to Public Works Standard E-2 within the limits of this application. Spacing and design shall conform to Public Works Standard E-9 for Local Streets. -OR-show the existing street light locations on the plans, -AND-that they are constructed per current City of Fresno Standards. Alley: If not existing, construct alley paving and concrete alley approach to Public Works Standards P-12 and P-13. OP., if needed, provide a 2"overlay to the existing alley adjacent to this application. Off-Street Parking Facilities and Geometries 1. Off-Street parking facilities and geometries shall conform to the City of Fresno Public Works Department, Parking Manual and Standard Drawings P-21, P-22,P-23. 2. Provide parking space needs, circulation, access, directional signs(e.g. "Entrance," "Exit,""Right Tum Only,""One Way"signs, etc.)as noted on Exhibit"A". Trip Generation: This development will generate a count of 383 Average Daily Trips (A.D.T.), based upon code 210 of the Institute of Transportation Engineers'Trip Generation Manual. Landscape and Feature Maintenance Reauirements:The owner shall be required to provide maintenance for all existing or proposed City street trees and their irrigation systems. Traffic Signal Mitigation Impact(TSMI) Fee: This project shall pay all applicable TSMI Fees at the time of building permit based on the trip generation rate(s)as set forth in the latest edition of the ITE Generation Manual. Contact the Traffic and Engineering Services Division, Frank Saburit at(559)621-8077. Fresno Maior Street Impact(FMSi1Fees: This entitlement is in the Infill Area; therefore pay all applicable City-wide regional street impact fees. Contact the Traffic and Engineering Services Division, Frank Saburit at(559)621-8077. Regional Transportation Mitigation Fee(RTI IR Pay all applicable RTMF fees to the Joint Powers Agency located at 2035 Tulare Street, Suite 201, Fresno, CA 93721;(559) 233-4148 ext.200;www.fresnocog.ora. Provide proof of payment or exemption prior to issuance of certificate of occupancy. Page 4 of 4 4/24/2013 C 11-183 BROADWAY 1808 revision 4-24-13 CAY o' \Il DATE: April 24,2013 Revision TO: McKencie Contreras Development and Resource Management Department FROM: Louise Gilio, Supervising Engineering Technician Public Works Department,Traffic and Engineering Services Division SUBJECT: Conditions of Approval for C-12-002 ADDRESS: 1608-1660 Broadway Street APN: 466-193-20, portion of 10 SITE PLAN REQUIREMENTS: Please provide the following information prior to Building Permits: A- General Requirements T Scope of work:All items shall be listed as existing or proposed. 2. Property Lines: Identify and dimension existing and proposed property lines. B. Offsite Information: 1. Easements/Dedications: Identify all existing and proposed easements/dedications. Provide a dimension from the section and center lines to the existing and proposed right of way. 2. Street Improvements and Furniture: Identify existing and proposed sidewalks driveway approaches,ADA ramps(provide radius), street lights(specify if wood or metal pole), utility poles, boxes, guy wires, signs,fire hydrants, bus stop benches, trash receptacles,tree wells, etc_ 3, Vacations: Revise hatching for the portion that is not included with the map. Reserve street easement for ramp at San Joaquin and Broadway. 4. Offsite parking: remove diagonal parking along San Joaquin. Submit a striping plant to Traffic and Engineering Services for review and approval for proposed parallel parking. C. Onsite Information: 1. Buildings: Provide square footage. 2. Access: Provide pedestrian,vehicular and service access. identify in the operational statement the maximum size of vehicle to enter and exit the site. Provide turning templates on the site olan for garage access. 3. Parking Lot: a. Stalls: Either relocate the planter curb 2.5'and restripe stalls at 9'wide or provide signage or pavement markings for all compact stalls. b. Walkways: provide width adjacent to parking stalls(T min) c. Directional flow of traffic: Identify one-way alley. d. Disability signage: Identify the location. (not to be within the 3'vehicular overhang) 4. Walls or Fencing: Identify proposed walls and fences complete with location height and type of material. Identify 10'visibility triangle at entry. 5. Gates:Submit an operational statement for the proposed gate(s)to Traffic Engineering for review and approval, rior to permits. Page 1 of 4 4/24/2013 G12-002 BROADWAY 1608-1660 revslon 4-24.13 6. Garages: Ingresslegress to the proposed garages does not meet minimum requirements. Redesign is required. Provide turning templates on the site plan to identify the acceptable ingresslegress of(2)forward and(1)reverse movement. PUBLIC IMPROVEMENT REQUIREMENTS The following requirements are based on city records and the accuracy of the existing and proposed on-site and off-site conditions depicted on the exhibits submitted. Requirements not addressed due to omission or misrepresentation of information, on which this review process is dependent,will be imposed whenever such conditions are disclosed. Questions relative to dedications, street Improvements or off-street parking geometrics may be directed to Louise Gilio at(559)621-86781 Louise.Gilioafresno.Qov,in the Public Works Department,Traffic and Engineering Services Division. Submit the following, as applicable, in a single package to the City of Fresno Public Works Department Traffic and Engineering Services Division(559-621-8650), for review and approval, prior to issuance of building and street work permits:Street Improvement Plans, Signing and Striping Plans, Street Lighting Plans and Signal Plans,Trail Plans. When preparing Street Plans and/or Traffic Control Plans for projects In the City of Fresno contact the Traffic and Engineering Services Division (Randy Schrey)at(559)621-8807 10 working days in advance to make sure that sidewalks or an approved accessible path remain open during construction. Underground all existing off-site overhead utilities within the limits of this site/map as per FMC Section 12-1011 and Resolution No. 78-522188-229. Survey Monuments and Parcel Conifauration All survey monuments within the area of construction shall be preserved or reset by a person licensed to practice Land Surveying in the State of California. The parcel configuration depicted for the proposed development does not conform to record information: a Lot Line Adjustment, Lot Merger or Tract Map(T-6015)is required to establish this configuration prior to building permits. Identify existing lots of record. Street Dedications.Vacations and Encroachment Permits Identify all street furniture, e.g.: public utility poles and boxes, guy wires, signs,fire hydrants, bus stop benches, mail boxes, newsstands, trash receptacles,tree wells, etc. within the public right of way. Also, identify the required 4'minimum path of travel along the public sidewalk directly in front of property, as required by the California Administration Code(Title 24). A pedestrian easement may be required if Title 24 requirements cannot be met. 1. Broadwly and San Joa uin Streets: The pmooga`a �'~^moi^^ ^�"#•'"th _Zkkla Revise the site plaR tei rk-Min the 14;sidewalk the proposed vacations are required, prior to building permits. Contact the Public Works Department,Alan James, (559)621-8693 for additional information. A feasibility study for all proposed vacations of existing public rights of way is required to be completed prior to building permits. Page 2 of 4 4/24/2013 C-12-002 BROADWAY 1608-1660 revsron 4-24-13 The construction of any overhead, surface or sub-surface structures and appurtenances in the public rights-of-way is prohibited unless an encroachment permit is approved by the City of Fresno Public Works Department, Traffic and Engineering Services Division,(559)621- 8693. Encroachment permits must be approved prior to issuance of building permits. Street Improvements All improvements shall be constructed in accordance With the Standard Specifications and Standard Drawings of the City of Fresno, Public Works Department. Dedication shall be sufficient to accommodate additional paving and any other grading or transitions as necessary based on a 45 MPH design speed for Collectors and 55 MPH for Arterials. Utility poles, street lights, signals, etc. shall be relocated as determined by the City Engineer. Alley Construction Plans may be required and shall be approved by the City Engineer. Contact Construction Management. The performance of any work within the public street rights-of-way(including pedestrian and utility easements) requires a STREET WORK PERMITrp for to commencement of work. Contact the City of Fresno Public Works Department, Traffic and Engineering Services Division at(559)621-8686 for detailed information. All required street improvements must be completed and accepted by the city prior to occupancy. Repair all damaged and/or off grade off-site concrete street and/or alley improvements as determined by the City of Fresno Public Works Department, Construction Management Division, (559) 621-5600. Pedestrian paths of travel must also meet current ADA regulations.All existing sidewalks in excess of 2% maximum cross slope must be brought into compliance RrIgE to acceptance by Public Works. Broadway Street: Cof lector 1. Construct a standard curb ramp per Public Works Standard P-28. -OR-Modify or replace the existing ramp to meet current Public Works Standards, as determined by the Construction Management engineer PRIOR to occupancy. "Detectable Warning Devices" are required, if not existing. Reference Public Works Standards: P-24 thru P-27, P-28 and P-32. 2. Where missing, construct sidewalk to Public Works Standard P-5. L 10'sidewalk: Construct 4'x 6'tree wells per Public Works Standard P-8. Planting of street trees shall conform to the minimum spacing guidelines as stated in the Standard Specification, Section 26-2.11(C). 3. All existing driveway approaches which no longer provide access to approved vehicle parking areas shall be removed unless otherwise approved by the City Engineer. Such areas shall be reconstructed with curb,gutter, and sidewalk to match existing adjacent street improvements. This work shall be completed and accepted before a Permit of Occupancy is issued or the building is occupied per Fresno Municipal Code(FMC) 11-209. San Joaquin Street: Local 1. Where missing, construct concrete sidewalk to Public Works Standard P-5. (a 10' sidewalk: Construct 4' x 6'tree wells per Public Works Standard P-8. Planting of street trees shall conform to the minimum spacing guidelines as stated in the Standard Specification, Section 26-2.11(C). Page 3 of 4 412412013 C-12-002 BROADWAY 1608-1660 revsion 4-2413 2. All existing driveway approaches which no longer provide access to approved vehicle parking areas shall be removed unless otherwise approved by the City Engineer. Such areas shall be reconstructed with curb,gutter, and sidewalk to match existing adjacent street improvements. This work shall be completed and accepted before a Permit of Occupancy is issued or the building is occupied per Fresno Municipal Code(FMC) 11-209. 3. Construct a 24'minimum to 35'maximum driveway approach to Public Works Standards P-2 and P-6. Alley: If not existing,construct alley paving and concrete alley approach to Public Works Standards P-12 and P-13. OR, if needed, provide a 2"overlay to the existing alley adjacent to this application. Off-Street Parkina Facilities and Geometrics 1. Off-Street parking facilities and geometrics shall conform to the City of Fresno Public Works Department, Parking Manual and Standard Drawings P-21,P-22, P-23. 2. Provide parking space needs, circulation, access,directional signs(e.g. "Entrance," "Exit,""Right Tum Only,""One Way"signs, etc.)as noted on Exhibit"A". Trip Generation: This development will generate a count of 297 Average Daily Trips (A.D.T.), based upon code 210 of the Institute of Transportation Engineers'Trip Generation Manual. Landscape and Feature Maintenance Requirements: The owner shall be required to provide maintenance for all existing or proposed City street trees and their irrigation systems. Traffic Signal Mitigation Impact(TSMI) Fee:This project shall pay all applicable TSMI Fees at the time of building permit based on the trip generation rate(s)as set forth in the latest edition of the ITE Generation Manual. Contact the Traffic and Engineering Services Division, Frank Saburit at(559)621-8077. Fresno Maior Street Impact(FMSI)Fees: This entitlement is in the Infill Area;therefore pay all applicable City-wide regional street impact fees. Contact the Traffic and Engineering Services Division, Frank Saburit at(559)621-8077. ReMonai Transportation Mitigation Fee(RTMF): Pay all applicable RTMF fees to the Joint Powers Agency located at 2035 Tulare Street,Suite 201, Fresno, CA 93721;(559) 233-4148 ext. 200;www.fresnocog.om. Provide proof of payment or exemption prior to issuance of certificate of occupancy. Page 4of4 4/24/2013 C-12-002 BROADWAY 1606-1660 revsion 4-24-13 City of 'Osklr FRE'��� y DEPARTMENT OF PUBLIC UTILITIES 7 DPU � ADMINISTRATION DIVISION 4 MEMORANDUM y� NAg•WAs v. Providing LIM Essential Services Date: March 5, 2013 To: WILL TACKETT Planning and Development From: DOUG HECKER, Supervising Engineering Technician Department of Public Utilities, Planning and Engineering Division Subject: SEWER REQUIREMENTS FOR VESTING TENTATIVE TRACT T-6015 General T-6015&C-11-163 were filed by Gary Giannetta,on behalf of FFDA Properties, LLC,and pertain to 1.29 net acres of property located on the east side of Broadway between Calaveras and San Joaquin Streets in downtown Fresno, 1608-1660 Broadway Street, APN 466-193-06, 10, 20. The applicant proposes a one-lot subdivision for condominium purposes. C-11-163& C-12-002 have also been filed for the 1.29 acre subject property. C-11-163, assigned to Will Tackett, proposes eight 3-story five-plex buildings with a total of 40 residential units. C-12-002, assigned to McKencie Contreras, proposes six 3-story five-plex buildings with a total of 30 residential units. Please address your comments to Will Tackett and-or McKencie Contreras respectively. Sewer Requirements The nearest sanitary sewer main to serve the proposed project is an 8-inch sewer main in the alley between Fulton Street and Broadway. Sewer facilities are available to provide service to the site subject to the following requirements: 1. On-site sanitary sewer facilities shall be private. 2. Installation of sewer house branch(s)to each lot shall be required 3. Abandon any existing on-site private sewer systems. 4. All sewer main easements shall be clear and unobstructed by buildings or other structures. No fencing or wall shall either enclose or be located above the sewer main. The planting plan,for any proposed landscape within the easement, shall be approved by the Department of Public Utilities. No Trees shall be located within 8 feet of the sewer main. 5. All public sanitary sewer facilities shall be constructed in accordance with City Standards, specifications, and policies. A Nationally Accredited Public Utility Agency 6. The Project Developer shall contact Wastewater Management Division/Environmental Services at(559) 621-5100 prior to pulling building permits regarding conditions of service for special users. Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Upon connection of this Project to the City Sewer System the owner shall be subject to payment of Sewer Facility charges per Fresno Municipal Code Section 6-304 and 6-305. Sewer Facility Charges consist of two components, a Wastewater Facilities Charge and Trunk Sewer Charge where applicable. 2. Sewer Facility Charges are collected after occupancy on a monthly basis over time based on metered (water or sewer effluent)usage.The developer may contact the Department of Public Utilities/Wastewater-Environmental Control at(559) 621-5153 to receive an estimated cost of the Sewer Facility Charges applicable to the project(based on a constant sewer discharge and loading (Biochemical Oxygen Demand[BOD] and Total Suspended Solids[TSS] levels anticipated)at the current rates in effect, at that time, per Fresno's Master Fee Resolution. The developer shall provide data regarding estimated sewer discharge rates[flow]and loading [BOD/TSS levels] required for calculating the estimated charges. 3. Wastewater Facilities Charge(Residential Only) City of a DEPARTMENT OF PUBLIC U nLMES ONADMINISTRATION DWMN ,� MEMORANDUM •wttl Piwtdng LNe4 fss.nrta/Se.vkes Dais: Match 5,2013 To: McKENCIE CQNTRERAS Planning and Development From: DOUG HECKER,Supervising Engineering Technician Department of Public Utilities, Planning and Engineering Division Subject:SEWER REQUIREMENTS FOR CONDITIONAL USE PERMIT REVISED C-12—M A REVISED C-11-163 G r r l C-12-002 was filed by Gary Giannetta,on behalf of FFDA Properties,LLC,and pertain to 1.29 net acres of property located on the east side of Broadway between Calaveras and San Joaquin Streets In downtown Fresno, IMS-1880 Broadway Street,APN 466-193-06, 10,20. The applicant proposes a one-lot subdivision for condominium purposes. T-6015&C-11-163 have also been tiled for the 1.29 acre subject property. C-11-163,assigned to Will Tacicett,proposes eight 3-story five-plex buildings with a total of 40 residential units. C-12-002, assigned to WKencie Contreras, proposes six 3-story five-ptex buildings with a total of 30 residential units. Please address your comments to Will Tacicett and-or McKeocle Contreras respectively. Sewer Reauirtiemenb The nearest sanitary sewer main to serve the proposed project is an$-inch sewer main In the alley between Fulton Street and Broadway. Sewer facilities are available to provide service to the site subject to the blowing requirements: 1. Orn-ske sanitary sewer facilities shall be private. 2. lnstallation of sewer house branch(s)to each lot shall be required. 3. Abandon any exWft on-site private sewer systems. 4. AN sewer main easements shall be clear and unobstructed by buildings or other structures. No fencing or wail shall either enclose or be looted above the sewer main. The planting plan,for any proposed landscape within the easement,shall be approved by the Department d Public LWIdes. No Trees shall be located within 8 feet of the sewer main. 5. All public sanitary sewer facilities shat be constructed In accordance with City Standards,spec irons,and policies. A Afall"I y Accradited Public Ultlllly Agency 8. The P/olect Developer shall contact Wastewater Management,Division/Environmental Services at(559)821-5100 prior to paging bulklthg poiTnIts regarding conditions of service for special users. Sewer Fees The following Sewer Connection Charges are due and shall be paid for the Project: 1. Upon connection of this Project to the City Sewer System the owner shall be subject to payment of Sewer Facility charges per Fresno Municipal Code Section 6-304 and 6-305. Sewer Facility Charges consist of two components,a Wastewater Facilities Charge and Trunk Sewer Charge where applicable. 2. Sewer Facility Charges are collected after occupancy on a monthly basis over time based on metered(water or sewer effluent)usage.The developer may contact the Department of Public Utilities/Wastewater-Environmental Control at(559)821-5153 to receive an estimated cost of the Sewer Facility Changes applicable to the project(based on a constant sewer discharge and loading(Biochemical Oxygen Demand[BOD] and Total Suspended Solids[TSS]levels anticipated)at the current Mee in effect,at that time,per Fresno's Master Fee Resolution.The developer shag provide data regarding estimated sewer discharge rates[flow]and loading[BODRSS levels]required for calculating the estimated charges. 3. Wastewater Facilities Charge(Residential Only) City Cil of i. WS Department of Public Utilities—Water Division t, DPU DATE: March 14,2013 , hdvWng life's EswUW Senkes TO: WILL TACKETT Planner III Development Department/Current Planning THROUGH: MICHAEL CARBAJAL, Chief Engineering Technician Department of Public Utilities,Water Division FROM: ROBERTA. DIAZ, Senior Engineering Technician Department of Public Utilities,Water Division SUBJECT: WATER REQUIREMENTS FOR VESTING TENTATIVE TRACT T-6015, CONDITIONAL USE PERMITS C-11-163. General T-6015 & C-11-163 were filed by Gary Giannetta, on behalf of FFDA Properties, LLC, and pertain to 1.29 net acres of property located on the east side of Broadway between Calaveras and San Joaquin Streets in downtown Fresno, 1608-1660 Broadway Street, APN 466-193-06, 10, 20. The applicant proposes a one-lot subdivision for condominium purposes. C-11-163& C-12-002 have also been filed for the 1.29 acre subject property. C-11-163, assigned to Will Tackett, proposes eight 3-story five- plex buildings with a total of 40 residential units. C-12-002, assigned to McKencie Contreras, proposes six 3-story five-plex buildings with a total of 30 residential units. Please address your comments to Will Tackett and-or McKencie Contreras respectively. Water Service The nearest water main to serve the proposed project is a 124nch main located in Broadway and Fulton Street Alleyway between San Joaquin Street and Calaveras Street. The following water improvements shall be required prior to providing City water service to the project: 1. On site water facilities shall be private. 2. Construct an 8-inch water main (including installation of City fire hydrants) to replace the existing 6-inch water in Calaveras Street from the existing 12-inch main located in Calaveras Street at the Broadway and Fulton Street Alleyway west to the existing 6-inch water main located in the H Street and Broadway Alleyway. The developer shall pay one hundred percent of the cost to construct the 8-inch main. The City may reimburse the developer for the cost to construct the water main adjacent to the existing 6-inch main up to fifty percent (50%) or greater at the City Councirs sole discretion. Reimbursement will be subject to the approval of a Developer Reimbursement Agreement by the City Council in its sole discretion within one year following approval of Tentative Tract T-6015. In the event the City Council does not approve the Developer Reimbursement Agreement,the developer shall be responsible for the full cost to construct the water main. A Nationally Accredited Public UtilityAgency v...w.r 3. Construct an 8-inch water main (including installation of City fire hydrants) in San Joaquin Street from the existing 12-inch main located at the Broadway and Fulton Street Alleyway west to the existing 6-inch water main located in H Street and Broadway Alleyway. 4. Abandon the existing 6-inch water main located in Calaveras Street between the Broadway and Fulton Street Alleyway southwest to the H Street and Broadway Alleyway. 5. Separate water services with meters shall be provided to each lot created. 6. The development shall incorporate water use efficiency measures including the installation of low flow fixtures, high efficiency appliances, reduction of turf areas and/or the use of artificial turf, use of native plant material or xeriscape, and discouraging the development of artificial lakes, fountains and ponds unless only untreated surface water or recycled water supplies are used for decorative and recreational water features as appropriate and sanitary. 7. The developer shall provide a detailed water usage analysis identifying water fixture, landscape, and laundry efficiencies to document water conservation design characteristics, subject to approval by the Director of Public Utilities. 8. All public water facilities shall be constructed in accordance with City Standards, specifications, and policies. 9. Engineered improvement plans prepared by a Registered Civil Engineer shall be submitted for Department of Public Utilities review and approvals for proposed addition and/or modification to the City Water System. Depict neighboring parcels and proposed plans for their continued service. 10.All Public water facilities shall be constructed in accordance with The Department of Public Works standards, specifications, and policies. Water Fees The following Water Connection Charges are due and shall be paid for the Project: 1. Wet-tie(s),water service(s) and/or meter(s)installation(s). City of loom �S' �V Find DEPARTMENT OF PUBLIC UTILITIES nwdafg tr`t e:s�newSerslre, Date: February 19,2013 To: MCKENCIE CONTRERAS,Planner I Punning and Development Dcpartment,Advance Planning From: JCIIRIS WEIBERT,Management Analyst II U�Q Public Utilities Department,Administration Subject:C-12-002 was filed by Gary Giannetta,on behalf of FFDA Properties,LLC,and pertain to 1.29 net acres of property located on the east side of Broadway between Calaveras and San Joaquin Streets in downtown Fresno, 1608-1660 Broadway Street,APN 466-193-06, 10,20.The applicant proposes a one-lot subdivision for condominium purposes. T-6015 &C-11-163 have also been filed for the 1.29 acre subject property. C-11-163,assigned to Will Taekett,proposes eight 3-story five-plea buildings with a total of 40 residential units. C-12-002,assigned to McKencie Contreras,proposes six 3-story five-plex buildings with a total of 30 residential units. Please address your comments to Will Tackett and-or McKencie Contreras respectively. General This location is serviced by a Commercial Solid Waste Franchisee.For service information,please contacf Mid Valley Disposal at 559-237-9425 . Owner shall provide a minimum of 36 cubic yards of solid waste and recycling services per week. Does Project Affect Your AgoWurisdiction Yes-Project has or will be required to provide a trash enclosure. Suggestions to Reduce Impacts/Address Concerns Enclosure shall be constructed on a level surface. The enclosure shall be level with the adjoining roadway(with no ramps,slopes,etc.). Recommended Conditions of Approval Enclosure shall be built in accordance with current City of Fresno Standards P-33 and P-34. 2-cell trash enclosure required. Additional Information Page l of 2 Location of enclosure is acceptable. s Page 2 of 2 i I ` .•I,Iwo FIRE DEPARTMENT Date: February 12,2013 To: WILL TACKETT,Planner II Planning and Development Department, Advance Planning From: RICHARD FULTZ,Supervising Fire Prevention Inspector Fire Department, Community Risk Reduction Unit Subject:T-6015 &C-11-163 were filed by Gary Giannetta,on behalf of FFDA Properties,LLC, and pertain to 1.29 net acres of property located on the east side of Broadway between Calaveras and San Joaquin Streets in downtown Fresno, 1608-1660 Broadway Street, APN 466-193-06, 10,20.The applicant proposes a one-lot subdivision for condominium purposes. C-11-163& C-12-002 have also been filed for the 1.29 acre subject property. C-11-163, assigned to Will Tackett,proposes eight 3-story five-plex buildings with a total of 40 residential units. C-12-002, assigned to McKencie Contreras,proposes six 3-story five-plex buildings with a total of 30 residential units. Please address your comments to Will Tackett and-or McKencie Contreras respectively. General Where buildings or portions thereof are more than 30 feet in height, an aerial truck setup area shall be located adjacent to at least one side of such buildings. Aerial truck setup areas shall be a minimum of 30 feet wide for not less than 60 feet when part of through fire lanes. As shown on the plans access for an aerial truck does not meet fire deparment standards and some portions exceed the maximum hose pull of 200 feet. Any of the following may be used to mitigate aerial truck access issues. 1. Install an NFPA 13 fire sprinkler system in each of the buildings rather than an NFPA 13 R fire sprinkler system. 2.All private streets and driveways that are provided for common access and are required for Fire Department access shall be constructed to a minimum unobstructed width of 20 feet. For drives separated by a median, 15 foot minimum lanes are required. Entrance off of Calaveras and San Jouquin need to meet this requirement. 3.Undergroung the utilities in the alley. All gates on common access drives shall be equipped with approved Police/Fire bypass locks (BEST LOCKS: Padlock 21B700 series or Cylinder lock IW7B2). Gates/fences shall not obstruct the minimum width required for fire lanes. Pedestrian Access Pedestrian access shall be provided to all exterior areas of buildings where necessary to assure compliance with the 200 foot rule." All Pedestrian gates, where required for compliance with the "200 foot rule", shall remain unlocked or be provided with Police/Fire bypass locks (BEST LOCKS: Padlock 21B700 series or Cylinder lock 1 W7B2). Gates/fences shall not obstruct the minimum width required for fire lanes. Required pedestrian access ways shall be designed to facilitate the carrying of ground ladders and the advancing of fire hose lines. Gates shall be a minimum 4 feet wide. A Police/Fire bypass lock at both vehicle entrance gates will satisfy this requirement. Other This project was reviewed by the fire department only for requirements related to water supply, fire hydrants, and fire apparatus access to the building(s)on site. Review for compliance with fire and life safety requirements for the building interior and its intended use are reviewed by both the Fire Department and the Building and Safety Section of DARM when a submittal for building plan review is made as required by the California Building Code by the architect or engineer of record for the building. McKende Contreras From: Christopher Preciado Sent: Tuesday,January 24,2012 6:10 PM To: McKencie Contreras Subject: C-12-002,Mixed Use Development at Broadway and San Joaquin Streets Attachments: FAX-C-12-002.pdf McKencle, FAX has a route that travels northbound along Broadway.The bulb-out is of some concern,but 1 could not find a dimension from the center of the street to bulb-out. If we have 12ft, preferably 15 ft,as shown on attached mark-up,it should be fine. Other than that,FAX has no comments. Thank you, Christopher Preciado Transit Planner II City of Fresno Department of Transportation Planning Division Fresno Area Express 559-621-1463 Christooher.Preciado@fresno.Qov t FRESNO METROPOLITAN FLOOD CONTROL DISTRICT File No.210.45 NOTICE OF REQUIREMENTS Page 1 of 4 PUBLIC AGENCY DEVELOPER WILL TACKETT DARIUS ASSEMI,FFDA PROPERTIES, LLC on DEVELOPMENT SERVICES/PLANNING 1396 W.HERNDON AVE.,SUITE 101 CITY OF FRESNO FRESNO,CA 93711 2600 FRESNO STREET, ROOM 3043 FRESNO,CA 93721-3604 PROJECT NO: 6015 ADDRESS: 1608-1660 BROADWAY ST APN: 466-193-06,10,20 SENT: Drainage Area(s) Preliminary Fee(s) FF $5,885.00 TOTAL FEE:$5,885.00 The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental Policy Act.The District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan.Compliance with and implementation of this Master Plan by this development project will satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements. r The proposed development shall pay drainage fees pursuant to the Drainage Fee Ordinance prior to approval of the final map at the rates in effect at the time of such approval. The fee indicated above is based on the tentative map.Contact the FMFCD project engineer prior to approval of the final map for the fee. Considerations which may affect the fee obligation(s)or llte timing or form of fee payment; a.) Fees related to undeveloped or phased portions of the project may be deferrable. Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under b.) which the development is being undertaken and if permanent provisions are made to assure that the site remains in that configuration. c.) Master Plan storm drainage facilities may be constructed,or required to be constructed in lieu of paying fees. d) The actual cost incurred in constructing Master Plan drainage system facilities is credited against the drainage fee obligation. When the actual costs incurred in constructing Master Plan facilities exceeds the drainage fee obligation, e') reimbursement will be made for the excess costs from future fees collected by the District from other development. Any request for a drainage fee refund requires the entitlement cancellation and a written request addressed to the f.) General Manager of the District within 60 days from payment of the fee.A non refundable$300 Administration fee or 5%of the refund whichever is less will be retained without fee credit. 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)436-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 Approval of this development shall be conditioned upon compliance with these District Requirements. 1. a. Drainage from the site shall BE DIRECTED TO X b. Grading and drainage patterns shall be as identified on Exhibit No. I The grading and drainage patterns shown on the site plan conform to the adopted Storm Drainage and c' Flood Control Master Plan. 2. The proposed development shall construct and/or dedicate Storm Drainage and.Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: Developer shall construct facilities as shown on Exhibit No. I as "MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DEVELOPER". X None required. 3. The following final improvement plans and information Shall be submitted to the District for review prior to final development approval: 04 X Grading Plan X Street Plan z Storm Drain Plan 0 Water&Sewer Plan X Final Map Drainage Report(to be submitted with tentative map) 01 Other None Required 4. Availabilityofdrainage facilities: Permanent drainage service is available provided the developer can verify to the satisfaction of the City X a' that runoff can be safely conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No.2 hereof will provide permanent drainage service. C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. d. See Exhibit No.2. 5. The proposed development: Appears to be located within a 100 year flood prone area as designated on the latest Flood Insurance Rate Maps available to the District,necessitating appropriate floodplain management action.(See attached Floodplain Policy.) X Does not appear to be located within a flood prone area. The subject site contains a portion of a canal or pipeline that is used to manage recharge,storm water, 6. and/or flood flows.The existing capacity must be preserved as part of site development.Additionally,site development may not interfere with the ability to operate and maintain the canal or pipeline. 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAX(559)456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 3 of 4 7. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Mn Construction and Industrial Activities(State General Permits)require developers of construction projects disturbing one or more acres,and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System(NPDES)permitting,to implement controls to reduce pollutants,prohibit the discharge of waters other than storm water to the municipal storm drain system,and meet water quality standards. These requirements apply both to pollutants generated during construction,and to those which may be generated by operations at the development after construction. a. State General Pen-nit for Storm Water Discharges Associated with Construction Activities,approved August 1999,(modified December 2002) A State General Construction Permit is required for all clearing, grading.and disturbances to the ground that result in soil disturbance of at least one acre(or less than one acre\if part of a larger common plan of development or sale). Permittees are required to:submit a Notice of Intent to be covered and must pay a pemnit fee to the State Water Resources Control Board(Stele Board),develop and implement a storms water pollution prevention plan,eliminate non-storm water discharges,conduct routine site inspections,train employees in permit compliance,and complete an annual certification of compliance. b. State General Permit for Storm Water Discharges Associated with Industrial Activities,April,1997 (available at the District Office). A State General Industrial Permit is required for specific types of industries described in the NPDES regulations or by Standard Industrial Classification(SIC)code. The following categories of industries are generally required to secure an industrial permit:manufacturing,- trucking; anufacturing;trucking;recycling;and waste and hazardous waste management, Specific exemptions exist for manufacturing activities which occur entirely indoors. Permittees are required to:submit a Notice of Intent to be covered and must pay a permit fee to the State Watcr Resources Conh-ol Board,develop and implement a storm water pollution prevention plan,eliminate non-storm water discharges,conduct routine r site inspections,train employees in permit compliance,sample stonn water runoff and test it for pollutant indicators,and annually subunit a report to the State Board. e. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Managcment Construction and Post-Construction Guidelines(available at the District Office)to meet the requirements of the State General Permits, eliminate the potential for tion-stonn water to enter the municipal stonn drain system,and where possible minimize contact with materials which may contarninate storm Nater runoff. 8. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 9. The District reserves the right to modify,reduce or add to these requirenncnts,or revise fees,as necessary to accommodate changes made in the proposed development by the developer or requirements made by other agencies. 10. X See Exhibit No.2 for additional comments,recommendations and requirements. Alan HofmannRic Lyons Assistant District Engineer/Design Project Engineer 5469 E.OLIVE-FRESNO,CA 93727-(559)456-3292-FAx(559)456-3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 4 of 4 CC: GARY GIANNETTA,GARY G.GIANNETTA CIVIL ENGINEERING 1119'S"STREET FRESNO,CA 93721 5469 E.OLIVE-FRESNO,CA 93727-(559)4563292-FAX(559)456-3194 NOTE: THIS NAP IS SCHEMATIC DISTANCE$ARE APPROXIMATE. 1 It W 4 IQ 1 I Q i rQ / I I I I f .r' � kVOAl64N AVE ----- ------- - r _ Na0_ 18 30.�� 18 r.RR,r .N � D/V/SADfRo �5 r lb lb �• `\ Jam'\\ � `•� �\\ \ \ \ \ \ ♦ \ / \ / \ Q \ \\ IFFrr `\ �t. IN . C3 13k\ \ \ • ` r - \ lb 13 F • �. .•• . LEGEND T Limits of Project 0-- — Existing Master Plan Facilities ———— Inlet Boundary Direction of Drainage Direction of Major Storm Flow 1 "=400' TRACT 6015 DRAINAGE AREA "FF" EXHIBIT NO. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT Prepared by:wadet Date:3/5/2013 Path:K:WubwAd%DWGS10EXl•II13ITITRACTS\6015.mxd OTHER REQUIREMENTS EXHIBIT NO. 2 There is an existing storm drainage inlet in the northeast corner of Broadway and San Joaquin Streets that may be affected by the proposed redesign of the curb return at that comer. Any proposed redesign, relocation, or reconstruction of existing storm drainage facilities will need to be reviewed and approved by the District prior to implementation. The District requires that the developer of Tract 6015 conform to the drainage patterns of the District's Master Plan. Currently runoff in this area begins pooling in"H" Street and breaks over the curb in "IT' Street into a low-lying area within property owned by the Union Pacific Railroad (UPRR). Exhibit No. 1 indicates the current flow path thru the UPRR property in the large event storm. A large linear park has been proposed within the UPRR property as designated on the latest Fulton Corridor Specific Plan, which could be left at the existing lower elevations and serve as a floodway and as a park. The minimum finish floor for this project may be set at 285.50 provided the City secure rights to pass runoff thru the UPRR property or protect the flow path on the UPRR property. No runoff shall be directed toward the alley. In an effort to improve storm runoff quality, outdoor storage areas shall be constructed and maintained such that material that may generate contaminants will be prevented from contact with rainfall and runoff and thereby prevent the conveyance of contaminants in runoff into the storm drain system. The District encourages, but does not require that roof drains from non-residential development be constructed such that they are directed onto and through a landscaped grassy swale area to filter out pollutants from roof runoff. Runoff from areas where industrial activities, product, or merchandise come into contact with and may contaminate storm water must be directed through landscaped areas or otherwise treated before discharging it off-site or into a storm drain. Roofs covering such areas are recommended. Cleaning of such areas by sweeping instead of washing is to be required unless such wash water can be directed to the sanitary sewer system. Storm drains receiving untreated runoff from such areas that directly connect to the District's system will not be permitted. Loading docks, depressed areas, and areas servicing or fueling vehicles are specifically subject to these requirements. The District's policy governing said industrial site NPDES program requirements are available. Contact the District's Environmental Department for further information regarding these policies related to industrial site requirements. Development No. Tract 6015 k:lpermit3lexhibit2Uracts\6015.doex(rl) FRESNO METJtO?O14TAN M)OD eOATROZ DISMCT FIIeNo.210.413 NOTICE OF REQUIREMENTS Page 1 of4 PUBLIC AGENCY DEVELOPER WILL TACKETT DARIUS AS'SEMI,FFDA PROPERTIES,LLC DEVELOPMENT SERVICES/PLANNING 1396 W.HERNDON AVE.,SUITE-101 CITY OF FRESNO FRESNO,CA 93911 2600 FRESNO STREET,ROOM 3043 FRESNO.CA 93721-3604 PROJECT NO: 2012-002 ADDRESS: 1608-1660 BROADWAY ST. APN: 466-193-06 SENT: ?Y'545 Drainage Area(s) Preliminary Fee(s) Ma FF $5,885.00 TOTAL FEE:S505.00 z The proposed development will generate storm runoff which produces potentially significant environmental impacts and which must be properly discharged and mitigated pursuant to the California Environmental Quality Act and the National Environmental r Polity Act The District in cooperation with the City and County has developed and adopted the Storm Drainage and Flood Control Master Plan.Compliance with and implementation of this Master Plan by this development project wil l satisfy the drainage related CEQA/NEPA impact of the project mitigation requirements_ The proposed development shall pay drainage fees pursuant to The Drainage Fee Ordinance prior to issuance of a building permit at the rates in effect at the time of such issuance.'the fee indicated above is valid through 2/12/13 based on the site plan submitted to the District on 2/06/i 3 Contact FMFCD for a revised fee in cases where changes are mark in the proposed sire plan which materially alter the proposed impervious area. Considerations which may affect the fee obligation(s)or the timing or form of fee payment: a.) Fees related to undeveloped or phased portions of the project may be deferrabk:. Fees may be calculated based on the actual percentage of runoff if different than that typical for the zone district under b.) which the development is being undertaken and if permanent provisions aro made to assure that the site remains in that configuration. s c.) Master Plan storm drainage facilities may be constructed,or required to be constricted in lieu of paying fees. d) The actual cost incurred in consuucdng Master Plan drainage system facilities is credited against the drainage fee obligation. When the actual costs incurred in constructing MesPlan facilities exceeds the drainage fee obligation, e') reirnbursetnent will be mate for the excess costs trona future fees collected by the District from other development. Any request for a drainage fee refund requires the entitlement cancel lation and a written request addressed to the f.) Gemml Manager of the District within 60 days from payment of the fee.A tion refundable S300'Administration fee or 58/6 of the refund whichever is fess will be retained without fee credit. 5469 L OLIVE-FRESNO,CA 93727-MM 416-3292-FAX(.t49)4W3194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Page 2 of 4 Approval of this development shall be conditioned upon compliance with these District Requirements. I. X a. Drainage from the site shall BE DIRECTED TO SAN JOAQUIN AND/OR BROADWAY STREETS. b. Grading and drainage patterns shall be as identified on Exhibit No. The grading and drainage pattems shown on the site plan conform to the adopted Storm Drainage and C. Flood Control Master Plan. 2. The proposed development shell construct and/or dedicate Storm Drainage and Flood Control Master Plan facilities located within the development or necessitated by any off-site improvements required by the approving agency: Developer shall construct facilities as shown on Exhibit No. I as "MASTER PLAN FACILITIES TO BE CONSTRUCTED BY DEVELOPER". X None required. 3. The following final improvement plans and information shall be submitted to the District for review prior to final development approval; X Grading Plan X Street Plan Storm Drain Plan Water&Sewer Plan 0 Final Map j Drainage Report(to be submitted with tentative map) Other None Required 4. Availability ofdrainage facilities: co Permanent drainage service is available provided the developer can verify to the satisfaetion of the City X a' that runoffcan be safety conveyed to the Master Plan inlet(s). b. The construction of facilities required by Paragraph No.2 hereof will provide permanent drainage service. ■ C. Permanent drainage service will not be available. The District recommends temporary facilities until permanent service is available. d. See Exhibit No.2. 5. The proposed development: Appears to be located within a 100 year flood prone arra as designated on the latest Flood Insurance Rate Maps available to the District,necessitating appropriate floodplain management action.(See attached Floodplain Policy.) X Does not appear to be located within a flood prone area. The subject site contains a portion of a cereal or pipeline that is used to manage recharge,storm water, 6. and/or flood(tows.The existing capacity must be preserved as part of site development Additionally,site development may not interfere with the ability to operate and maintain the canal or pipeline. 5469 E.OLIVE-FRESNO,CA 93727-(339)436-3292-FAX(359)1363194 FRMO METROPOLITAN FLOOD PMTROL DISTRICT NOTICE OF REQUIREMKNTS PW3 ora 7. The Federal Clean Water Act and the State General Permits for Storm Water Discharges Associated with Conatnrctioa and Industrial Activities(State General Permits)requite developers of coa*uxtion pmjcM disturbing one or more acres,and discharges associated with industrial activity not otherwise exempt from National Pollutant Discharge Elimination System(NPDES)permitting.to implement controls to reduce polintsnts,prohibit the discharge of waters other than storm water to the municipal storm drain system,and meet water quality standards. These requirements apply both to pollutants generated during construction,and to those which may be generated by operations at lie drvelopluent atter construc0on. a. State General Permit for Storm Wager Discharges Associated with Construction Activities,approved August 1999,(modified December 2002) A State General Construction Permit is required for all clearing, grading,and disturbances to the ground that result in soi l disturbance of at least one acre(or less than one acne)if part of a larger common plan of development or ask). Permittees art required to:submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Coutroi Board(State Board),develop and implement a storm water pollution prevention plan,eliminafae non-storm water discharges,conduct routine site inspections,train employees in permit compliance,and complete an annual certification of compliance. b. State General Permit for Storm Water Discharges Associated with Industrial Activities,April. 1997 (available at the District Office A State General Industrial Permit is required for specific types of industries described in the NPDFS regulations or by Standard ludustrial Classification(SIC)cow. The following categories of industries are generally required to secure an industrial permit:manufacturing; a trucking;recycling;and waste and hazardous waste management. Specific exemptions exist for amufacutriog activities which occur entirely indoors. Permittees are required to:submit a Notice of Intent to be covered and must pay a permit fee to the State Water Resources Control Board.develop and implement a storm water pollution prevention plan,eliminate nos-storm water discharges,conduct routine site inspections,train employees in permit compliance,sample slornl water runoff and test it for pollutant indicators,and annually submit a report to the State Board. j c. The proposed development is encouraged to select and implement storm water quality controls recommended in the Fresno-Clovis Storm Water Quality Monagment Construction and Post-Construction Guidelines(available at the District Office)to meet the requirements of the State General Permits, ' eliminate the potential for non-stone water to enter the municipal storm drain system,and where possible minimize contact with materials which may contaminate storm wuter ruin f. 8. A requirement of the District may be appealed by filing a written notice of appeal with the Secretary of the District within ten days of the date of this Notice of Requirements. 9. The District rtsetves the right to modify,reduce or add to these requirements,or revise fees,as necessary to t accommodate changes made in the proposed development by the developer or requires aLs made by other agencies, j 10. X See Exhibit No.2 for additional comments,recommendations and requirements. Alan Hofmann Lyons Assistant District Engineer/Design Project Engineer 5469 E.Ot.tV F.-FRESNO,CA 93727-(369)45&3292-PAX(3M 4563194 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT NOTICE OF REQUIREMENTS Pagc 4 of 4 CC: GARY GIANNETTA,GARY G.G)ANNETTA CIVIL ENGINEERING 1119V STREET FRESNO.CA 93721 r ■ 5469 E.OLIVE-FRESNO,C4 93727-(539)4563292-FAX(359)456-3194 NOTE TH13 MAP IS SCHEMATIC DISTANCES ARE APPROXIMATE K 1K 30 36 1 is i •� W I'I; 'l' !� ` � � \' � - - �' _—V• .AYE-'--�---- --- ---�— —I- D/l%ISAi?f1P0 1;3 \ 9 \ ,13 \ \ •, \\ \ /1 �\ OFF" dr • LEGEND Limits of Project o— — Existing Master Plan Faclllties -———— Inlet Boundary Direction of Drainage Direction of Major Storm Flow 1 ' =400' CUP 2012-002.V1 DRAINAGE AREA "FF" EXHIBIT NO. 1 FRESNO METROPOLITAN FLOOD CONTROL DISTRICT Pre"fod by.wade! Onto:SIN201 s Paffi:K:\Aulor=MWOS10EXHISIT\CITYCUP%2012-002 V1.mzd OTHER REQUIREMENTS EXHIBIT NO.2 There is an existing storm drainage inlet in the northeast comer of Broadway and San Joaquin Streets that may be affected by the proposed redesign of the curb return at that corner. Any proposed redesign, relocation, or reconstruction of existing storm drainage facilities will need to be reviewed and approved by the District prior to implementation. The District requires that the developer of CUP 2012-002.v1 conform to the drainage patterns of the District's Master Plan. Currently runoff in this area begins pooling in"H"Street and breaks over the curb in "H" Street into a low-lying area within property owned by the Union Pacific Railroad (UPRR). Exhibit No. 1 indicates the current flow path thru the UPRR property in the large event storm. A large linear park has been proposed within the UPRR property as designated on the latest Fulton Corridor Speck Plan, which could be left at the existing lower elevations and serve as a floodway and as a park. The minimum finish floor for this project may be set at 285.50 provided the City secure rights to pass runoff thru the 1JPRR property or protect the flow path on the UPRR property. No surface runoff shall be directed towards the alley. In an effort to improve storm runoff quality, outdoor storage areas shall be constructed and maintained such that material that may generate contaminants will be prevented from contact with rainfall and runoff and thereby prevent the conveyance of contaminants in runoff into the storm drain system. The District encourages, but does not require that roof drains from non-residential development be constructed such that they are directed onto and through a landscaped grassy swale area to filter out pollutants from roof runoff. Runoff from areas where industrial activities, product, or merchandise come into contact with and may contaminate storm water must be directed through landscaped areas or otherwise treated before discharging it off-site or into a storm drain. Roofs covering such areas are recommended. Cleaning of such areas by sweeping instead of washing is to be required unless such wash water can be directed to the sanitary sewer system. Storm drains receiving untreated runoff from such areas that directly connect to the District's system will not be permitted. Loading docks, depressed areas, and areas servicing or fueling vehicles are specifically subject to these requirements. The District's policy governing said industrial site NPDES program requirements are available. Contact the District's Environmental Department for further information regarding these policies related to industrial site requirements. Development No. CUP 2012-002.v1 k:kperWa%c,h;bit2%ctty-cup%2012N2012-ao vl.a«xtd> COQ County of Fresno i Department of Public Health Edward L. Moreno,M.D.,M.P.H.,Director-Health Officer O� 830 January 20, 2012 999999999 L00016268 McKencie Contreras PE 2602 City of Fresno Development Department 2600 Fresno Street Fresno, CA 93721 Dear Ms. Contreras: PROJECT NUMBER: C-12-002 Conditional Use Permit Applicatfon No. C-12-002 was filed by Gary Giannetta,on behalf of Darius Assemi of FFDA Properties, LLC, and pertains to a 31,500 square-foot parcel located on the southeasterly comer of Broadway and San Joaquin Streets in downtown Fresno. The applicant proposes to relocate an existing on-site community service building to another property and construct a gated, mixed use development consisting of 9 buildings:six 2-story buildings with 3 residential units each, two 3-story buildings with 31 ive/work units each, and one building with one 3-story live/work unit and 2 stories of commercial space(total of 18 residential units,7 live/work units, and 1,944 square feet of commercial floor area).All residential units will have a garage with direct access to the unit. The property is zoned C-4 (Centra/Trading). APN:466-193-10,20,21 ZONING: C-4 ADDRESS: 1636 Broadway Comments/Concerns: Since all of the tenants have not been identified for this application,the full range of C-4 uses must be considered. The potential adverse impacts could include(but are not limited to)storage of hazardous materials and/or wastes, medical waste,solid waste,water quality degradation, excessive noise, and odors. Recommended Conditions of Approval: • Should a food facility be proposed,then prior to issuance of building permits the tenants)shall submit complete food facility plans and specifications to the Fresno County Department of Public Health, Environmental Health Division,for review and approval. Contact the Consumer Food Protection Program at(559)600-4058 for more information. • Prior to operation,future tenants may be required to apply for and obtain a license to sell alcoholic beverages. Contact the Califomia Alcoholic Beverage Control Department at (559)225-6334 for more information. • Future tenants may be required to obtain a Medical Waste Permit from the California Department of Health Services, Medical Waste Management Program. Call(916)449-5671 for more information. 1221 Fulton Mail/P.O.Box 11867/Fresno,California 93775/(559)600-3271/FAX(559)445-3301 Equal Employment Opportwity•A(rutnative Action•Disabled Employer McKencie Contreras C-12-002 January 20, 2012 Page 2 of 2 • Should a Day Care Facility be proposed,then ninety(90)to 120 days prior to occupancy,the applicant must submit an application for any proposed day-care center to the State of California, Social Services Department, Community Care Licensing Section. Contact the Community Care Licensing Section at(559)243-4588 for more information. • Certain uses allowed may utilize hazardous materials or create hazardous wastes. If a tenant with such uses is proposed,then prior to occupancy the tenant shall complete and submit a Hazardous Materials Business Plan to the Fresno County Department of Public Health, Environmental Health Division. Contact the Certified Unifled Program Agency at(559)600-3271 for more information. • All hazardous waste shall be handled in accordance with requirements set forth in the California Health and Safety Code, Chapter 6.5. This chapter discusses proper labeling, storage and handling of hazardous wastes. The following comments pertain to the removal/relocation of the existing structures: • Should the structures have an active rodent or insect infestation,the infestation should be abated prior to removal of the structures in order to prevent the spread of vectors to other properties. • In the process of preparing the structures for removal, the contractor may encounter asbestos containing construction materials and materials coated with lead based paints. • If asbestos containing materials are encountered, contact the San Joaquin Valley Air Pollution Control District at(559)230-6000 for more information. • If the structures were constructed prior to 1979 or if lead-based paint is suspected to have been used in these structures,then prior to demolition and/or remodel work the contractor should contact the following agencies for current regulations and requirements: California Department of Public Health, Childhood Lead Poisoning Prevention Branch,at (510)620-5600. United States Environmental Protection Agency, Region 9, at(415)947-8000 State of California, Industrial Relations Department, Division of Occupational Safety and Health, Consultation Service(CAL-OSHA)at(559)454-5302. • Any construction materials deemed hazardous as identified in the removal process must be characterized and disposed of in accordance with current federal,state, and local requirements. REVIEWED BY: Janet Gardner'=Z__. =... R.E.H.S., M.P.H. 0MX1XQ1.N1W.,_ffW Environmental Health Specialist (559)600-3271 Cc. Vince Mendes,Supervising Environmental Health Specialist(CT 0100) Baruti/CasagrandelTolzmann, Environmental Health Division C-12-002 Mixed Use C4 San Joaquin Valley Z Ar AIR POLLUTION.CONTROL DISTRICT HEALTHY AI R LIVING_ FEB 13 2013 Will Tackett and McKencie Contreras City of Fresno Development and Planning Department 2600 Fresno Street,Third Floor Fresno, CA 93721-3604 Agency Project: Vesting Tentative Map of Tract No. 6015; Conditional Use Permit C-11-163 and C-12-002 District CEQA Reference No: 20130111 Dear Mr. Tackett and Ms. Contreras: The San Joaquin'Valley Unified Air Pollution Control District (District) has reviewed the project referenced above consisting of a one-lot subdivision for condominium purposes and construction of 70 total residential units, located at 1608-1660 Broadway Street, in Fresno, CA. The District offers the following comments: 1. Based on information provided to the District, project specific emissions of criteria pollutants are not expected to exceed District significance thresholds of 10 tons/year NOX, 10 tonslyear ROG, and 15 tons/year PM10. Therefore, the District concludes that project spec criteria pollutant emissions would have no significant adverse impact on air quality. 2. Pursuant to provision of Section 2.3.1 of District Rule 9510 (Indirect Source Review), District Rule 9510 applies to Residential projects within contiguous or adjacent property under common ownership of a single entity in whole or in part, that is designated and zoned for the same development density and land use, regardless of the number of tract maps, and has the capability to accommodate more than fifty (50) residential units. Based on information provided to the District, at full build-out the proposed projects on contiguous or adjacent properties and would be greater than 50 residential dwelling units. Therefore, the District concludes that the proposed is subject to District Rule 9510 (Indirect Source Review). Soyed oadmAn Emurtive DiracterlAi Pdlr6oa Cashel Officer Martfrera Boon Caatre(Rune(Main Office) Southern Region -48000 Eeterpie Way 1990 E.6e"Yshmg Acerae 34946 Flyover Court Modesto.CA 95358.8718 Foam CA 93726.0244 BakerslWd.CA 93308-9725 Tek 12091557-6400 FAX.(2091557-6475 Tel.(5591230-6000 FAX:15591230.6061 Tot 661.392.5500 FAX:681.382.5585 WWW.fthymi.erg Www.heahhrairl*.com �� � 4 Dis0a CEQA Reference No.20130111 Pop 2 District Rule 9510 is intended to mitigate a project's impact on air quality through project design elements or by payment of applicable off-site mitigation fees. Any applicant subject to District Rule 9510 is required to submit an Air Impact Assessment (AIA) application to the District no later than applying for final discretionary approval, and to pay any applicable off-site mitigation fees before issuance of the first building permit. If approval of the subject project constitutes the last discretionary approval by your agency, the District recommends that demonstration of compliance with District Rule 9510, including payment of all applicable fees before issuance of the first building permit, be made a condition of project approval. Information about how to comply with District Rule 9510 can be found online at, http:NAvww.valleyair.org/ISR/ISRHome.htm. 3. The proposed project may be subject to District Rules and Regulations, including: Regulation Vlll (Fugitive PM10 Prohibitions), Rule 4102 (Nuisance), Rule 4601 (Architectural Coatings), and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations). In the event an existing building will be renovated, partially demolished or removed, the project may be subject to District Rule 4002 (National Emission Standards for Hazardous Air Pollutants). The above list of rules is neither exhaustive nor exclusive. To identify other District rules or regulations that apply to this project or to obtain information about District permit requirements, the applicant is strongly encouraged to contact the District's Small Business Assistance Office at (559) 230-5888. Current District rules can be found online at:www.valleyair.org/ruies/1ruleslist.htm. 4. The District recommends that a copy of the District's comments be provided to the project proponent. If you have any questions or require further information, please call Angel Lor at (559)348-8434. Sincerely, David Warner Director of Permit Services Ar ud Marjoilet Permit Services Manager DW: al SIA2EOF TRAPBADATATIGSJ AND}iORiSDiG AGENCY i1feAWN ._ .e.eenry DEPARTY19W OF TRANSPORTATION AEM WSTRIcr 6 1352 WEST OLIVE AVENUE P.O.BOX 12616 FRESNO,CA 93718-2616 IResy—posrrr! FAX (559)4884088 TIY (SA 4884066 March 5,2013 2131-IGR/CEQA 6-FRE-99-21.182+/- CUP C-11-163,CUP C-12-002&VTM 6015 FFDA PROPERTIES,LLC Mr. Will Tackett Ms.McKencie Contreras City of Fresno Development and Resource Management 2600 Fresno Street,3r4 Floor Fressoo,CA.93721-3604 Dear Mr.Tackett&Ms.Contreras: We have completed our review of the proposal to develop a one-lot subdivision for condominium purposes. The vesting tentative map pertains to 12 acres situated east of Broadway Street between San Joaquin Street and Calaveras Street in downtown Fresno. The site is located approximately 0.5 rru'ies away from the State Route(SR)99 interchange at Stanislaus Street. This subdivision will consist of fourteen 3-story fiveplex buildings with a total of 70 residential units. Caltrans has the following comments: The land use that best describes the proposed development is"Residential Condominiunlgownhouse" (Land Use 230). Based upon data provided in the ITE Trip Generation(8"Ed,)book,it is estimated that the project would generate approximately 36 trips during evening peak!Hours. A portion of these trips would impact the SR 99 interchanges at Stanislaus/Tuolumne Streets. A portion of these trips would also impact the SR 99 northbound entrance ramp from Stanislaus Street and the southbound exit-ramp to Stanislaus Street and the two frontage road intersections at Tuolumne Street Several improvements have been identified at the SR 99 interchange at Stanislaus Street and the frontage roads connecting to TLohunne Street. These improvements are: • Signalize and add a turn lane from westbound Sta Waus Street to the SR 99 northbound on- ramp- Signalize SR 99 southbound off-ramp to Stanislaus Street • Signalize northbound frontage at Tuolumne Street. Signalize southbound frontage at Tuolumne Street and add a southbound left-turn lane. It is Caltrans'understanding that this project will mitigate traffic-related impacts by paying into the City of Fresno's TSMI program as well as the Fresno RTMF. It is also recommended that the City 'Cafmvu hwromrmabNlryacmuCWorma" Mr.Tackett&Ms. Contreras March 5,2013 Page 2 consider the improvements at SR 99 and Stanislaus/Tuolumne Streets be added into the City's fee program during the next program review process. If you have any further questions please feel free to contact me at(559)488-7307. Sincerely, JENN R BRY -SANCHEZ Office o rtation Planning District 06 BOARD OF EDUCATION Vak&F.Dave.Prdidem e U06"Ca Amem clerk Mkbeft A.Aeaeoerim Fresno Unified may. Luis LA Cttristopt,v Da L.cerda School District ' ��°' eRyon Janet Ryan Prspering Caner steady GradbaW Facilities Management&Planning SUPERINTENDENT • Mic3ael i?Hoon February 19,2013 Will Tackett/McKencie Contreras Development and Resource Management City of Fresno 2600 Fresco Street,Third Floor Fresno,CA 93721-3604 SUBJECT: VESTING TENTATIVE MAP TRACT NO.6015 CONDITIONAL USE PERMTI'APPLICATION NO.C-11-163 CONDITIONAL USE PERMIT APPLICATION NO.C-12-002 MULTI-FAMILY RESIDENTIAL DEVELOPMENT 1608-1660 BROADWAY ST. Dear W.Tackett and Ms.Contreras, Fresno Unified School District submits the following response to your request for review and comment on the above referenced Conditional Use permit Applications. The applicant proposes the construction of eight 3-story fiveplex buildings with 40 residential units,and six 3-story fiveplex buildings with 30 residential units for a multi-family residential project consisting of 70 residential units. Any urban residential development occurring as a result of project approval will have an impact on the District's student housing capacity. The District, through local fending,is in a position to mitigate its shortage of classrooms to accommodate planned population growth for the foreseeable future. However,the District recognizes that the legislature,as a matter of law, has deemed, under Government Code Section 65996, that all school facilities impacts are mitigated as a consequence of SB 50's Level 1,2 and 3 developer fee legislative provisions. Any new development on the subject property is subject to development fees of$3.20 per square foot.Any square footage that is demoiisbed prier to the start of the project will be considered a'demolition credit'toward the total new square footage to be constructed Any new development on the property will be subject to the development fee prior to issuance of a building permit. The project is presently within the attendance areas of the schools identified below. Ekme my School: Lowell Inteimediate School: Tehipite High School: Roosevelt The district appreciates the opportunity to continent on the proposed project Please contact Deana Clayton at 457-3066 if you have any questions or require additional information regarding our comments. Sincerely, Lisa LeBlanc,Executive Officer Facilities Management and Plarming LL•.hh 2309 Tulare Sbvd Fresno.CA 93721-2287 �vww.�reanouniTel.rn e GROMM QO..ORDINATOR UNITED STATE$POSTAL SERVICE UN1*EDST TES .PMTALSMICE FEBRUARY 26,2013 To the City of Fresno—Planning and Development Department It Is recommended that at least 6 months prior to the first panty,the.Developer shall contact the local United States Postal Service representative to compa Mode of Delivery Agreement for New Construction.The Mode of Delivery Agreement must have A District approval signature to be valid. In addition to completing the Agreement,the Developer shall provide a final map(with address detail) to the local USPS representative.The Developer shali,.at their own expense,procure,construct and install all mail receptacle facilities for each location as spe4ed and approved by the USPS. Sincerely, Cathy S.Gilles New Growth Coordlnator 559 4404267 1 1 766 E NEEs A%v FRESNO CA 97720-2196 664,1424267 FAx 6544104287 Notice of Intent was filed with: CITY OF FRESNO MITIGATED NEGATIVE DECLARATION FRESNO COUNTY CLERK 2221 Kern Street Fresno, California 93721 The full Initial Study and the Master ENVIRONMENTAL Environmental Impact Report No. 10130 are ASSESSMENT NUMBER: on on file in the Development and Resource Management Department, C-11-163/C-12-002/T-6015 March 1, 2013 Fresno City Hall, 3rd Floor 2600 Fresno Street Fresno, California 93721 (559)621-8277 APPLICANT: PROJECT LOCATION: FFDA Properties, LLC 1608-1660 Broadway Street 1396 West Hemdon Avenue, Suite 101 t 1.29 net acres (2.15 gross acres) of property located on the Fresno, CA 93711 easterly side of Broadway Street between Calaveras and San Joaquin Streets in Downtown Fresno, in the City and County of Fresno, California Site Latitude: 36°44'22.5774" N Site Longitude: 119°47'51.846"W Mount Diablo Base & Meridian, Township 14S, Range 20E Section 4— Fresno South Quadrangle Assessor's Parcel Number(s): 466-193-06, 10, 20 PROJECT DESCRIPTION: FFDA Properties, LLC has filed Conditional Use Permit Application No. C-11-163, Conditional Use Permit Application No. C-12-002, and Vesting Tentative Tract Map No. 6015 pertaining to approximately 1.29 net acres (2.15 gross acres) of property located on the easterly side of Broadway Street between Calaveras and San Joaquin Streets in Downtown Fresno. Conditional Use Permit Application No. C-11-163 proposes eight three-story fiveplex buildings with a total of 40 residential units. Conditional Use Permit Application No. C-12-002 proposes six three-story fiveplex buildings with a total of 30 residential units. The project includes the demolition of an existing accessory building located on the subject property and the removal of a "sunroom" addition made to the historic Levinson Horne (Historic Property No. 278) when it was relocated to the subject property in 1991. The Levinson Home will be rehabilitated for use as a manager's unit and club house. Vesting Tentative Tract Map No. 6015 proposes a one-lot subdivision for condominium purposes. Portions of the existing public street rights-of-way adjacent to the subject property are proposed to be vacated in order to facilitate the proposed project. These vacations include one foot of the existing Calaveras Street right-of-way width and four feet of the existing Broadway and San Joaquin Street right-of-way widths. The proposed project will also involve installation and construction of both public and private facilities and infrastructure in accordance with the standards, specifications, and policies of the City of Fresno. The City of Fresno has conducted an initial study and proposes to adopt a Mitigated Negative Declaration for the above-described project. The environmental analysis contained in the Initial Study and this Mitigated Negative Declaration is tiered from Master Environmental Impact Report No. 10130 (SCH # 2001071097) prepared for the 2025 Fresno General Plan ("MEIR"); and, Mitigated Negative Declaration No. A-09-02 (SCH # 2009051016) prepared for the 2025 Fresno General Plan ("Air Quality MND"). A copy of the MEIR and Air Quality MND may be reviewed in the City of Fresno Development and Resource Management Department as noted above. The proposed project has been determined to be a subsequent project that is not fully within the scope of the Master Environmental Impact Report No. 10130 ("MEIR) or Mitigated Negative Declaration No. A-09-02 (Air Quality MND) prepared for the 2025 Fresno General Plan. Pursuant to Public Resources Code §21157.1 and California Environmental Quality Act(CEQA) Guidelines § 15177, this project has been evaluated with respect to each item on the attached environmental checklist to determine whether this project may cause any additional significant effect on the environment which was not previously examined in the MEIR. After conducting a review of the adequacy of the MEIR pursuant to Public Resources Code, Section 21157.6(b)(1), the Development and Resource Management Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete, has become available. This completed environmental impact checklist form, its associated narrative, and proposed mitigation measures reflect applicable comments of responsible and trustee agencies and research and analysis conducted to examine the interrelationship between the proposed project and the physical environment. The information contained in the project application and its related environmental assessment application, responses to requests for comment, checklist, initial study narrative, and any attachments thereto, combine to form a record indicating that an initial study has been completed in compliance with the State CEQA Guidelines and the California Environmental Quality Act. All new development activity and many non-physical projects contribute directly or indirectly toward cumulative impacts on the physical environment. It has been determined that the incremental effect contributed by this project toward cumulative impacts is not considered substantial or significant in itself, and/or that cumulative impacts accruing from this project may be mitigated to less than significant with application of feasible mitigation measures. Based upon the evaluation guided by the environmental checklist form, it was determined that there are foreseeable impacts from the Project that are additional to those identified in the MEIR, and/or impacts which require mitigation measures not included in the MEIR Mitigation Measure Checklist. The completed environmental checklist form indicates whether an impact is potentially significant, less than significant with mitigation, or less than significant. For some categories of potential impacts, the checklist may indicate that a specific adverse environmental effect has been identified which is of sufficient magnitude to be of concern. Such an effect may be inherent in the nature and magnitude of the project, or may be related to the design and characteristics of the individual project. Effects so rated are not sufficient in themselves to require the preparation of an Environmental Impact Report, and have been mitigated to the extent feasible. With the project specific mitigation imposed, there is no substantial evidence in the record that this project may have additional significant, direct, indirect or cumulative effects on the environment that are significant and that were not identified and analyzed in the MEIR. Both the MEIR mitigation checklist measures and the project-specific mitigation checklist measures will be imposed on this project. The initial study has concluded that the proposed project will not result in any adverse effects which fall within the "Mandatory Findings of Significance" contained in Section 15065 of the State CEQA Guidelines. The finding is, therefore, made that the proposed project will not have a significant adverse effect on the environment. PREPARED BY: SUBMITTED BY- Will Tackett, Supervising Planner McKencie Contreras, Planner III - Will Tac tt, Supervising Planner DATE: March 1, 2013 DEVE PMENT& RESOURCE MANAGEMENT DEPARTMENT ATTACHMENTS: Exhibit"A": Notice of Intent to Adopt a Mitigated Negative Declaration Exhibit"B": CEQA Appendix G To Analyze Subsequent Project Identified In MEIR No. 10130/MND For Plan Amendment A-09-02 (Air Quality MND)/Initial Study for Environmental Assessment No. C-11-163/C-12- 002/T-6015 Exhibit"C": 2025 General Plan Master Environmental Impact Report (MEIR) No. 10130/SCH No. 2001071097 and Environmental Assessment No. A-09-02 Mitigation Monitoring Checklist for Environmental Assessment No. C-11-163/C-12-002/T-6015 Exhibit"D": Project Specific Mitigation Monitoring Checklist for Environmental Assessment No. C-11-163/C-12-002/T- 6015 Exhibit"E": Master Environmental Impact Report (MEIR) Review Summary (Attachment: Status of MEIR Analysis with Regard to Air Quality and Climate Change) CITY OF FRESNO Filed with: E201310000054 NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION �] L EA No.C-11-163/C-12-002tT-6015 +J [ED . Conditional Use Permit Application Nos. C-11-163 and C-12-002 MAR W013 and Vesting Tentative Tract Map No. T-6015 F 0 k— DEP�� APPLICANT: FFDA Properties, LLC 1396 West Hemdon Avenue, Suite 101 Fresno,CA 93711 FRESNO COUNTY CLERK 2221 Kem Street, Fresno, CA 93721 PROJECT LOCATION: 1608-1680 Broadway Street t 1.29 net acres (2.15 gross acres) of property located on the easterly side of Broadway Street between Calaveras and San Joaquin Streets In Downtown Fresno, In the City and County of Fresno, California Site Latitude: 36044'22.5774'N Site Longitude: 119047'51.846'W Mount Diablo Base& Meridian,Township 14S, Range 20E Section 4—Fresno South Quadrangle Assessor's Parcel Number(s):466-193-06, 10, 20 PROJECT DESCRIPTION: FFDA Properties, LLC has filed Conditional Use Permit Application No. C-11-163, Conditional Use Permit Appllcation No. C-12-002, and Vesting Tentative Tract Map No. 6015 pertaining to approximately 1.29 net acres (2.15 gross acres) of property located on the.easterly slde of Broadway Street between Calaveras and San Joaquin Streets In Downtown Fresno. Conditional Use Permit Application No.C-11-163 proposes eight three-story fiveplex buildings with a total of 40 residential units. Conditional Use Permit Application No. C-12-002 proposes six three-story fiveplex buildings with a total of 30 residential units. The project Includes the demolition of an exlsting accessory building located on the subject property and the removal of a 'sunroom'addition made to the historic Levinson Home (Historic Property No. 278) when It was relocated to the subject property In 1991.. The Levinson Home will be rehabilitated for us6 as a manager's unit and dub house. Vesting Tentative Tract Map No. 6015 proposes a one-lot subdivision for condominium purposes. Portions of the existing public street rights-of--way adjacent to the subject property are proposed to be vacated In order to facilitate the proposed project. These vacations include one foot of the existing Calaveras Street right-of-way width and four feet of.the existing Broadway and San Joaquin Street right-of-way widths. The proposed project will also involve. installation and construction of both public and private facilities and infrastructure In accordance with the standards, specifications, and policles of the City of Fresno. The City of Fresno has conducted an initial study of the above-descrlbed project and it has been determined to be a subsequent project that is not fully within the scope of the Master Environmental Impact Report No. 10130 (MEIR) prepared for the 2025 Fresno General Plan (SCH # 2001071097) and Mitigated Negative Declaration prepared for Plan Amendment No. A-09-02 (SCH # 2009051016) (Air Quality MND). Therefore, the Development and Resource Management Department proposes to adopt a Mitigated Negative Declaration for this project. With the project specific mftigatlon Imposed,there Is no substantial evidence in the record that this project may have additional significant, direct, Indirect or cumulative effects on the environment that are significant and that were not Identified and analyzed In the MEIR or Air Quality MND. After conducting a review of the adequacy of the MEIR and Air Quality MND pursuant to Public Resources Code, Section 21157.6(bx1), the Development and Resource Management Department, as lead agency, finds that no substantial changes have occurred with respect to the circumstances under which the MEIR was certified and the Air Quality MND was adopted and that no new information, which was not known and could not have been known at the time that the MEIR was certified as complete and the Air Quality MND was adopted, has become available. The project is not located on a site which Is Included on any of the lists enumerated under Section 65962.5 of the Government Code including, but not limited to, lists of hazardous waste facilities, land designated as hazardous waste property, hazardous waste disposal sites and others, and the Information In the Hazardous Waste and Substances Statement required under subdivision(f)of that Section. Additional information on the proposed project, Including the MEIR, Air Quality MND, proposed environmental finding of a mitigated negative declaration and the Initial study may be obtained from the Development and Resource Management Department, Fresno City Hall, 2600 Fresno Street, 3rd Floor Fresno, California 93721-3604, Please contact Will Tackett at (559) 621-8063 or via e-mail at WUI.Tagk2ft@ftsno.aov or McKencle Contreras at(559)621-8066 or via email at JdcKgggle treras(Nfresno.srov for more Information. ANY INTERESTED PERSON may comment on the proposed environmental finding. Comments must be in writing and must state(1) the commentor's name and address; (2) the commentor's interest In, or relationship to, the project;(3)the environmental determination being commented upon; and (4) the specific reason(s)why the proposed environmental determination should or should not be made. Any comments may be submitted at any time between the publication date of this notice and close of business on March 25, 2013. Please direct comments to Will Tackett or McKencle Contreras, City of Fresno Development and Resource Management Department, City Hall, 2600 Fresno Street, Room 3076, Fresno, California, 93721-3604; or by email to VVIil.TackettCdtfresno.aov or McKencie.ContrerasWresno.aoy: or comments can be sent by facsimile to(559)498-1026. The proposed conditional use permits applications, vesting tentative tract map, and this proposed environmental finding have been scheduled to be considered by the Planning Commission on March 27, 2013 at 6:00 p.m. or thereafter. The hearing will be held In the Fresno City Council Chambers located at Fresno City Hall, 2nd Floor, 2600 Fresno Street, Fresno, California, 93721. Your written and oral comments are welcomed at the hearings and will be considered In the final decisions. INITIAL STUDY PREPARED BY: SUBMITTED B . Will Tackett, Supervising Planner and McKencle Contreras, Planner III Will rtt, vising PlannerDATE: March 1, 2013 CITY DEVELOPMENT AND RESGEMENT DEPARTMENT E201310000054